FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 31A-2A-1 — WV Code / Chapter 31A / Article 2A / Section 1
§31A-2A-1. Definitions.
Status: in_force

As used in this article:

(a) "Customer" means any person or his or her duly authorized representative who has transacted business with or has used the services of a financial institution or for whom a financial institution has acted as a fiduciary in relation to an account maintained in such person's name;

(b) "Financial institution" means a bank, a savings and loan association, a trust company or a credit union chartered pursuant to any state or federal law, a regulated consumer lender licensed under article four, chapter forty-six-a of this code, a mortgage lender broker or servicer licensed under article seventeen, chapter thirty-one of this code, a money service business licensed under article two, chapter thirty-two-a of this code or other institutions which are by law under the jurisdiction and supervision of the Commissioner of Banking;

(c) "Financial record" means the original or a copy of any record or document held by a financial institution pertaining to a customer of the financial institution, including any record of a transaction conducted by means of a customer bank communication terminal or other electronic device. "Financial record" also means any information derived from such records or documents;

(d) "Investigation" includes, but is not limited to, any inquiry by a state or local law-enforcement officer, sheriff or prosecuting attorney or any inquiry made by a state or local governmental entity for the purpose of determining whether there has been a violation of any law which is punishable by imprisonment or by a fine or other monetary liability;

(e) "Person" means an individual, partnership, corporation, limited liability company, association, trust or any other legal entity;

(f) "State entity" means any state or local governmental office, officer, department, division, bureau, board or commission, including the Legislature, and any other state or local government agency of West Virginia, its political subdivisions and any agent thereof; and

(g) "Subpoena" includes a subpoena duces tecum or any other lawful subpoena to compel testimony or the disclosure or production of documents.
W. Va. Code § 47-22-3 — WV Code / Chapter 47 / Article 22 / Section 3
§47-22-3. Damages.
Status: in_force

(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages may include both the actual loss caused by the misappropriation and the unjust enrichment caused by the misappropriation. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

(b) If willful and malicious misappropriation occurs, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a).
W. Va. Code § 3-12-15 — WV Code / Chapter 3 / Article 12 / Section 15
§3-12-15. Criminal penalties.
Status: in_force

(a) A participating or certified candidate who, either personally or through his or her committee, knowingly accepts contributions or benefits in excess of those allowed under this article, spends or obligates funds in excess of the public campaign financing funding to which he or she is entitled or uses the benefits or funding for a purpose other than those permitted under this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500, or confined in jail for up to thirty days or both.

(b) A participating or certified candidate who, either personally or through his or her committee or financial agent, provides false information to, or conceals or withholds information from, the State Election Commission or the Secretary of State is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $10,000, or confined in jail for up to one year or both.
W. Va. Code § 48-22-110 — WV Code / Chapter 48 / Article 22 / Section 110
§48-22-110. Legal father defined.
Status: in_force

"Legal father" means, before adoption, the male person having the legal relationship of parent to a child: (1) Who is married to its mother at the time of conception; or (2) who is married to its mother at the time of birth of the child; or (3) who is the biological father of the child and who marries the mother before an adoption of the child.
W. Va. Code § 60-9-6 — WV Code / Chapter 60 / Article 9 / Section 6
§60-9-6. Unfair trade practices.
Status: in_force

A violation of section two of this article constitutes an unlawful trade practice as provided in article eleven-a, chapter forty-seven of this code and, in addition to any remedies or penalties set forth in this article, is subject to any remedies or penalties for a violation of that article.

The Alcohol Beverage Control Commissioner shall enforce each and every provision of the Unfair Trade Practices Act in article eleven-a, chapter forty-seven of this code with respect to packages of cigarettes with like effect as if that article were set forth in extenso herein.
W. Va. Code § 16-5V-7 — WV Code / Chapter 16 / Article 5V / Section 7
§16-5V-7. Creation of Fund; investments; actuarial valuations.
Status: in_force

(a) There is hereby created the "West Virginia Emergency Medical Services Retirement Fund" for the benefit of the members of the retirement system created pursuant to this article and the dependents of any deceased or retired member of the system.

(b) All moneys paid into and accumulated in the fund, except amounts designated by the board for payment of benefits as provided in this article, shall be held in trust and invested in the consolidated pensions fund administered by the West Virginia Investment Management Board as provided by law.

(c) The board shall employ a competent actuary or actuarial firm to prepare an actuarial valuation of the assets and liabilities of the fund. The actuarial valuation period shall coincide with the fiscal year of the state.
W. Va. Code § 60A-4-418 — WV Code / Chapter 60A / Article 4 / Section 418
§60A-4-418. Use of a minor to commit a felony drug offense; penalties.
Status: in_force

Any person over the age of 21 who knowingly and intentionally causes, aids, abets, or encourages a person under the age of 18 to distribute, dispense, manufacture, or possess with the intent to distribute a controlled substance in violation or the provisions of this chapter is guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000 or imprisoned in a state correctional facility for not more than five years, or both fined and imprisoned.
W. Va. Code § 3-6-1 — WV Code / Chapter 3 / Article 6 / Section 1
§3-6-1. Provisions of article govern general elections; applicability of other provisions of chapter; applicability of article to primary and special elections.
Status: in_force

The provisions of this article shall govern the conduct and administration of general elections. Other provisions of this chapter, where applicable, shall be considered supplementary and complementary to the provisions of this article regulating and controlling general elections.

In all voting precincts in which voting machines have been approved, procured, and are in use, the provisions of article four of this chapter shall be applicable to the conduct and administration of general elections.

Where applicable and not inconsistent with other positive provisions of law, the provisions of this article shall govern the conduct of and procedures in primary and special elections.
W. Va. Code § 38-13-10 — WV Code / Chapter 38 / Article 13 / Section 10
§38-13-10. Trustee's report to fiduciary commissioner; notice to creditors of filing and second meeting.
Status: in_force

Within ten days after the last day on which claims may be presented to him the trustee shall file with the fiduciary commissioner a report showing the names of the creditors whose claims have not been contested and who have filed proper proofs of claims, and the amounts thereof; the names of the creditors whose claims have been contested, and the amounts thereof; the disposition he has made of the property belonging to the estate; the costs and expenses he has incurred; the amount of money he has on hand and the name of the bank in which it is deposited; the property of the estate not disposed of and his plans for disposing of the same. The trustee shall attach to said report all proofs of claims, vouchers, exhibits, accounts, writings, affidavits and counter- affidavits which have been filed with him The trustee shall at once notify each creditor who has presented a claim that the report has been filed, and that a meeting of the creditors will be held before the fiduciary commissioner on a date specified in the notice, which date shall not be less than five days after the notice is mailed nor more than ten days after the report is filed.
W. Va. Code § 55-5-10 — WV Code / Chapter 55 / Article 5 / Section 10
§55-5-10. Same -- How estimated.
Status: in_force

The value of the premises, in such case, shall be estimated as it would have been at the time of the inquiry, if no such improvements had been made on the premises by the tenant or any person under whom he claims, and shall be ascertained in the manner hereinbefore provided for estimating the value of improvements.
W. Va. Code § 33-7-7 — WV Code / Chapter 33 / Article 7 / Section 7
§33-7-7. Reserves for accident and sickness insurance.
Status: in_force

For all accident and sickness policies the insurer shall maintain an active life reserve which shall place a sound value on its liabilities under such policies and which shall not be less than the reserve according to standards set forth in regulations issued by the commissioner and which,

(a) For credit accident and sickness policies, in no event shall be less than the unearned premium reserve for such policies calculated on the sum of the digits formula, commonly known as the "Rule of 78";

(b) For all other accident and sickness policies, in no event shall be less than the pro rata gross unearned premium reserve for such policies.
W. Va. Code § 8-27-19 — WV Code / Chapter 8 / Article 27 / Section 19
§8-27-19. Indebtedness of authorities.
Status: in_force

PART VIII. INDEBTEDNESS; EXEMPTION FROM TAXATION.

Each authority may issue bonds, borrow money and incur any proper indebtedness and issue any other obligations as authorized by law or provided in this article. No such indebtedness or obligation incurred by any authority shall give any right against any member of the governing body of any participating government or any member of the board of any authority. Any obligation or indebtedness of any nature of any authority shall never constitute an obligation or indebtedness of any participating government or the governing body of any participating government, within the meaning of any Constitutional provision or statutory limitation, and shall never constitute or give rise to a pecuniary liability of any participating government or the governing body of any participating government, or be a charge against the general credit or taxing power of any participating government or the governing body of any participating government, and such fact shall be plainly stated on the face of any bonds issued by any authority. The rights of creditors of any authority shall be solely against the authority as a corporate body and shall be satisfied only out of revenues, moneys or property received or held by it in its corporate capacity.
W. Va. Code § 15A-4-17A — WV Code / Chapter 15A / Article 4 / Section 17A
§15A-4-17a. Division of Corrections and Rehabilitation mandatory supervised release plan.
Status: in_force

The commissioner may develop a mandatory supervised release plan for an inmate serving a sentence for a felony offense not referenced in §15A-4-17(k) of this code who has not been granted discretionary parole 180 days prior to the inmate’s minimum expiration of sentence, which may include electronic monitoring as a condition of release. The inmate may be released and subject to a period of mandatory supervision of 180 days when he or she is 180 days from his or her minimum expiration of sentence.

(1) An inmate on mandatory supervised release pursuant to this subsection may be returned by the commissioner to a correctional facility for violation of the conditions of supervision and may not again be eligible for mandatory supervised release during the same period of incarceration.

(2) An inmate on mandatory supervised release shall be considered released on parole.

(3) Mandatory supervised release is not a commutation of sentence or any other form of clemency.

(4) Subject to subdivision (1) of this subsection, the period of mandatory supervised release shall conclude upon completion of the minimum expiration of sentence.
W. Va. Code § 56-8-1 — WV Code / Chapter 56 / Article 8 / Section 1
§56-8-1. Judgment upon death, conviction or insanity of party; termination of powers of guardian, etc.
Status: in_force

Where a party dies, or becomes convict of felony, or insane, or the powers of a party who is a personal representative, committee, or guardian cease, if such fact occur after verdict, judgment may be entered as if it had not occurred.
W. Va. Code § 7-19-8 — WV Code / Chapter 7 / Article 19 / Section 8
§7-19-8. Penalties for violation of article.
Status: in_force

Any violation of this article shall be deemed a misdemeanor and, any person convicted thereof shall be fined not less than $100 nor more than $500 and imprisoned in the county jail not less than one month nor more than one year.
W. Va. Code § 48-27-801 — WV Code / Chapter 48 / Article 27 / Section 801
§48-27-801. Reports of domestic violence to state police.
Status: in_force

PART 8. RECORD-KEEPING BY

LAW-ENFORCEMENT OFFICERS.

(a) Each law-enforcement agency shall maintain records on all incidents of domestic violence reported to it and shall monthly make and deliver to the West Virginia state police a report on a form prescribed by the State Police, listing all such incidents of domestic violence. Such reports shall include:

(1) The age and sex of the victim and the perpetrator of domestic violence;

(2) The relationship between the parties;

(3) The type and extent of abuse;

(4) The number and type of weapons involved;

(5) Whether the law-enforcement agency responded to the complaint and if so, the time involved, the action taken and the time lapse between the agency's action and the victim's request for assistance;

(6) Whether any prior reports have been made, received or filed regarding domestic violence on any prior occasion and if so, the number of such prior reports; and

(7) The effective dates and terms of any protective order issued prior to or following the incident to protect the victim: Provided, That no information which will permit the identification of the parties involved in any incident of domestic violence shall be included in such report.

(b) The West Virginia state police shall tabulate and analyze any statistical data derived from the reports made by law-enforcement agencies pursuant to this section and publish a statistical compilation in its annual uniform crime report, as provided for in section twenty-four, article two, chapter fifteen of this code. The statistical compilation shall include, but is not limited to, the following:

(1) The number of domestic violence complaints received;

(2) The number of complaints investigated;

(3) The number of complaints received from alleged victims of each sex;

(4) The average time lapse in responding to such complaints;

(5) The number of complaints received from alleged victims who have filed such complaints on prior occasions;

(6) The number of aggravated assaults and homicides resulting from such repeat incidents;

(7) The type of police action taken in disposition of the cases; and

(8) The number of alleged violations of protective orders.
W. Va. Code § 33-12-13 — WV Code / Chapter 33 / Article 12 / Section 13
§33-12-13. Agent resident in contiguous municipalities.
Status: in_force

An agent who has his or her residence in an urban community composed of two immediately contiguous municipal corporations not separated by a river or other stream, one of which is located in this state and the other located in another state, shall be considered a resident of this state for the purposes of this article if his or her residence is in any part of such urban community and the state wherein the other municipal corporation is located has established by law or regulation like requirements as to residence of agents in such urban community.
W. Va. Code § 22C-11-3 — WV Code / Chapter 22C / Article 11 / Section 3
§22C-11-3. Expenses of commission; appropriation; officers and employees; meetings.
Status: in_force

The commissioners shall be reimbursed, out of moneys appropriated for such purposes, all sums which they necessarily shall expend in the discharge of their duties as members of such commission.

There shall be appropriated to the commission out of any moneys in the State Treasury unexpended and available therefor, and not otherwise appropriated, such sums as may be necessary for the uses and purposes of the commission in carrying out the provisions of this article and the payment of the proper proportion of the State of West Virginia of the expenses of the "Interstate Commission on the Potomac River Basin," in accordance with article four of said compact.

The commission shall elect from its membership a chairman and may also select a secretary who need not be a member. The commission may employ such assistants as it may deem necessarily required, and the duties of such assistants shall be prescribed and their compensation fixed by the commission and paid out of the State Treasury out of funds appropriated for such purposes upon the requisition of said commission.

The commission shall meet at such times and places as agreed upon by the commissioners or upon call of its chairman.
W. Va. Code § 11-13R-9 — WV Code / Chapter 11 / Article 13R / Section 9
§11-13R-9. Identification of investment credit property.
Status: in_force

(a) Every taxpayer who claims credit under this article shall maintain sufficient records to establish the following facts for each item of qualified research and development property:

(1) Its identity;

(2) Its actual or reasonably determined cost;

(3) Its straight-line depreciation life;

(4) The month and taxable year in which it was placed in service;

(5) The amount of credit taken; and

(6) The date it was disposed of or otherwise ceased to be qualified research and development property.

(b) Every taxpayer who claims credit under this article shall also maintain sufficient records to establish the number and types of new jobs, if any, created, the wages and benefits paid to employees filling the new jobs and the duration of each job.
W. Va. Code § 5A-6-5 — WV Code / Chapter 5A / Article 6 / Section 5
§5A-6-5. Notice of request for proposals by state spending units required to make purchases through the state Purchasing Division.
Status: in_force

Any state spending unit that pursues an information technology purchase that does not meet the definition of “technology project” and that is required to submit a request for proposal to the state Purchasing Division prior to purchasing goods or services shall obtain the approval of the Chief Information Officer, in writing, of any proposed purchase of goods or services related to its information technology and telecommunication systems. The proposal shall contain a brief description of the goods and services to be purchased. The state spending unit shall provide the proposal to the Chief Information Officer prior to the time it submits its request for proposal to the state Purchasing Division.
W. Va. Code § 36-5-1 — WV Code / Chapter 36 / Article 5 / Section 1
§36-5-1. Release or disclaimer of general power of appointment.
Status: in_force

Any general power, whether exercisable by will, by deed, by will or deed, or otherwise, to appoint property, whether real or personal or both, may be released or disclaimed by the person or persons having such power, with or without consideration, wholly or partially. Any such power may be released or disclaimed with respect to the whole or any part of the property subject thereto; and any such power may also be released or disclaimed in such manner as to reduce, limit, or restrict the persons or objects, or classes of persons or objects, to or among any one or more of whom, but no others, the property subject to such power may be appointed by an exercise thereof, as fully as the creator of such power himself could have so reduced, limited or restricted the same and with like effect as if he had.
W. Va. Code § 15-2-22 — WV Code / Chapter 15 / Article 2 / Section 22
§15-2-22. Assignment of assistant Attorney General; employment of legal counsel.
Status: in_force

(a) The Attorney General may, upon request of the superintendent, assign an assistant Attorney General to the department.

(b) Notwithstanding the provisions of section one, article three, chapter five of this code, the superintendent may authorize any member of the department to employ an attorney of such member's choice to act in proceedings wherein criminal charges are brought against such member because of action in line of duty. For such attorney's services an amount determined by the judge in whose court the action is pending, not to exceed $1,000, may be expended in any one case.
W. Va. Code § 20-17-7 — WV Code / Chapter 20 / Article 17 / Section 7
§20-17-7. Requirements for trail users and prohibited acts; criminal penalties.
Status: in_force

(a) An authority may require recreational users to wear protective helmets or use safety equipment that the authority determines to be appropriate for the recreational activity in which the user is engaged.

(b) Each trail user operating a bicycle or mountain bicycle shall obey all traffic laws, traffic-control devices, and signs within the recreational area, including those which restrict trails to certain types of bicycles or mountain bicycles.

(c) Each trail user shall at all times remain within and on a designated and marked trail while within the recreational area.

(d) A person may not ignite or maintain any fire within the recreational area except in a designated camp site.

(e) A person may not operate a motor vehicle within the recreational area unless the person is authorized to operate a motor vehicle in the area to perform maintenance services or emergency response.

(f) A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $100. Prosecution or conviction for the misdemeanor described in this subsection shall not prevent or disqualify any other civil or criminal remedies for the conduct prohibited by this section.
W. Va. Code § 11-4-1 — WV Code / Chapter 11 / Article 4 / Section 1
§11-4-1. Land books to contain separate lists; entry of town lots; entry separately for districts.
Status: in_force

The assessor shall make out the land books, including all extensions, in such form as the Tax Commissioner may prescribe. Such land books shall contain separate lists for the different tax districts and separate lists for the municipalities of the county. There shall, for the purpose of taxation, be entered on the land books the town lots in the alphabetical order of the names of the owners thereof in the list arranged for them, and the assessor shall designate such list as "town (or city) lots of the town (or city) of __________________." There shall also be entered in like alphabetical order in the separate lists for the tax districts, the tracts of land, the whole or greater part of which is situated therein; but no tract or lot of land shall be entered in more than one of such lists, and no part of any tract or lot of land which does not lie within the incorporated limits of a town shall be entered in the list or charged with municipal taxes for such town.