FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 60A-9-5A — WV Code / Chapter 60A / Article 9 / Section 5A
§60A-9-5a. Practitioner requirements to access database and conduct annual search of the database; required rulemaking.
Status: in_force

(a) All practitioners, as that term is defined in §60A-2-201 of this code who prescribe or dispense Schedule II, III, IV or V controlled substances shall register with the West Virginia Controlled Substances Monitoring Program and obtain and maintain online or other electronic access to the program database: Provided , That compliance with the provisions of this subsection must be accomplished within 30 days of the practitioner obtaining a new license: Provided, however , That the Board of Pharmacy may renew a practitioner’s license without proof that the practitioner meet the requirements of this subsection.

(b) All persons with prescriptive or dispensing authority and in possession of a valid Drug Enforcement Administration registration identification number and who are licensed by the Board of Medicine as set forth in §30-3-1 et seq . of this code, the Board of Registered Professional Nurses as set forth in §30-7-1 et seq . of this code, the Board of Dental Examiners as set forth in §30-4-1 et seq . of this code, the Board of Osteopathic Medicine as set forth in §30-14-1 et seq . of this code, the West Virginia Board of Optometrists as set forth in §30-8-1 et seq . of this code, and a pharmacist licensed by the West Virginia Board of Pharmacy as set forth in §30-5-1 et seq . upon initially prescribing or dispensing any Schedule II controlled substance, any opioid or any benzodiazepine to a patient who is not suffering from a terminal illness, and at least annually thereafter should the practitioner or dispenser continue to treat the patient with a controlled substance, shall access the West Virginia Controlled Substances Monitoring Program Database for information regarding specific patients. The information obtained from accessing the West Virginia Controlled Substances Monitoring Program Database for the patient shall be documented in the patient’s medical record maintained by a private prescriber or any inpatient facility licensed pursuant to the provisions of chapter 16 of this code. A pain-relieving controlled substance shall be defined as set forth in §30-3A-1 of this code.

(c) The various boards mentioned in §60A-9-5(b) of this code shall amend its legislative rules pursuant to the provisions of §29A-3-1 et seq . of this code to effectuate the provisions of this article.
W. Va. Code § 17C-15-25 — WV Code / Chapter 17C / Article 15 / Section 25
§17C-15-25. Number of driving lamps required or permitted.
Status: in_force

(a) At all times specified in section two of this article at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a motorcycle, motor-driven cycle or moped, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.

(b) Whenever a motor vehicle equipped with head lamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than three hundred candlepower, not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway.
W. Va. Code § 30-17-8 — WV Code / Chapter 30 / Article 17 / Section 8
§30-17-8. Qualifications for licensure as a registered sanitarian.
Status: in_force

(a) To be eligible to be licensed as a registered sanitarian, the applicant must:

(1) Be of good moral character;

(2) Have a bachelor’s or higher degree from an accredited college or university;

(3) Successfully complete a sanitarian's training course of a minimum of 300 hours, as approved by the board;

(4) Have at least two years of experience in the field of public health sanitation and environmental health science; and

(5) Pass an examination, as required by the board.

(b) An applicant may substitute a successfully completed master's or higher degree in public health, environmental science, sanitary science, community hygiene, or other science field, as approved by the board, for one of the required years of experience.

(c) A registration issued by the board prior to July 1, 2010, shall for all purposes be considered a license issued under this article: Provided , That a person holding a registration issued prior to July 1, 2010, must renew pursuant to the provisions of this article.

(d) The board shall approve any in-person or online training developed and provided by the Bureau or another approved entity for licenses and certificates. When applicable, training shall be provided online in lieu of in-person training and allow on-the-job training at the local health department level when Bureau personnel are unavailable.

(1) The online training shall be available for applicants to begin and complete at any time during the year.

(2) Applicants shall be able to complete their training within six months of being hired, not including on-the-job- training.

(e) Anyone holding a registered sanitarian credential and five years of work experience in the state of West Virginia shall be able to certify an applicant that has satisfactorily completed their training courses and on-the-job training.
W. Va. Code § 37-15-8 — WV Code / Chapter 37 / Article 15 / Section 8
§37-15-8. Effect on taxation.
Status: in_force

Nothing in this article shall be construed to affect the taxation of factory-built homes.
W. Va. Code § 50-1-4 — WV Code / Chapter 50 / Article 1 / Section 4
§50-1-4. Qualifications of magistrates; training; oath; continuing education; time devoted to public duties.
Status: in_force

Each magistrate shall be at least twenty-one years of age, shall have a high school education or its equivalent, shall not have been convicted of any felony or any misdemeanor involving moral turpitude and shall reside in the county of his election. No magistrate shall be a member of the immediate family of any other magistrate in the county. In the event more than one member of an immediate family shall be elected in a county, only the member receiving the highest number of votes shall be eligible to serve. For purposes of this section, immediate family means the relationship of mother, father, sister, brother, child or spouse. Notwithstanding the foregoing provisions of this section, each person who held the office of justice of the peace on November 5, 1974, and who served in or performed the functions of such office for at least one year immediately prior thereto shall be deemed qualified to run for the office of magistrate in the county of his residence.

No person shall assume the duties of magistrate unless he shall have first attended and completed a course of instruction in rudimentary principles of law and procedure which shall be given in accordance with the supervisory rules of the Supreme Court of Appeals.

All magistrates shall be required to attend such other courses of continuing educational instruction as may be required by supervisory rule of the Supreme Court of Appeals. Failure to attend such courses of continuing educational instruction without good cause shall constitute neglect of duty. Such courses shall be provided at least once every other year. Persons attending such courses outside of the county of their residence shall be reimbursed by the state for expenses actually incurred in accordance with the supervisory rules of the Supreme Court of Appeals.

Each magistrate shall, before assuming the duties of office, take an oath of office to be administered by the circuit judge of the county, or the chief judge thereof if there is more than one judge of the circuit court. Each magistrate shall maintain the qualifications for office at all times.

Each magistrate who serves five thousand or less in population shall devote such time to his public duties as shall be required by rule or regulation of the judge of the circuit court, or the chief judge thereof if there is more than one judge of the circuit court. Each magistrate who serves more than five thousand in population shall devote full time to his public duties. As nearly as practicable, the workload and the total number of hours required shall be divided evenly among the magistrates in a county by such judge.
W. Va. Code § 49-2-108 — WV Code / Chapter 49 / Article 2 / Section 108
§49-2-108. Visits and inspections; records.
Status: in_force

The department or its authorized agent shall visit and inspect every certified foster home as often as is necessary to assure proper care is given to the children. Every certified foster home shall maintain a record of the children received. This record shall include information in a type, form, and manner as prescribed by the department in legislative rule.
W. Va. Code § 11-1C-1B — WV Code / Chapter 11 / Article 1C / Section 1B
§11-1C-1b. Phase-out of taxation of intangible personal property.
Status: in_force

Notwithstanding anything in this code to the contrary, intangible personal property with tax situs in this state that would have been taxable prior to the effective date of this act shall be exempt from ad valorem property tax beginning tax year one thousand nine hundred ninety-eight: Provided, That such property shall be subject to ad valorem property tax and taxed at fifty percent of assessed value for tax year one thousand nine hundred ninety-eight; at forty percent of assessed value for the tax year one thousand nine hundred ninety-nine; at thirty percent of assessed value for the tax year two thousand; at twenty percent of the assessed value for the tax year two thousand one; at ten percent of the assessed value for the tax year two thousand two and eliminated completely for the tax year two thousand three and thereafter.
W. Va. Code § 8A-2-8 — WV Code / Chapter 8A / Article 2 / Section 8
§8A-2-8. Quorum.
Status: in_force

A planning commission must have quorum to conduct a meeting. A majority of the members of a planning commission is a quorum. No action of a planning commission is official unless authorized by a majority of the members present at a regular or properly called special meeting.
W. Va. Code § 4-3-6 — WV Code / Chapter 4 / Article 3 / Section 6
§4-3-6. Authority to screen employees of the Legislature; background checks.
Status: in_force

The Joint Committee on Government and Finance shall create and implement a background check program to facilitate the processing and analysis of the criminal history and background of applicants for employment by the Legislature. In the course of determining an applicant’s eligibility for employment with the Legislature, the legislative manager shall request each applicant to submit a full set of fingerprints for the purpose of conducting a criminal history record check. Records shall be checked through the Criminal Identification Bureau of the West Virginia State Police and the United States Federal Bureau of Investigation for a national criminal history record check and the results shall be made available to the Director of the Division of Protective Services. If the results of the criminal history check reveal an offense or offenses, the Director of the Division of Protective Services shall advise the President of the Senate, the Speaker of the House of Delegates or the joint committee depending on the appropriate hiring authority for the position sought by the applicant.
W. Va. Code § 38-5-16 — WV Code / Chapter 38 / Article 5 / Section 16
§38-5-16. Effect of order of court as judgment.
Status: in_force

An order made against a person suggested shall have the effect of a judgment, and may be enforced in the same manner as any other judgment.
W. Va. Code § 46A-6F-503 — WV Code / Chapter 46A / Article 6F / Section 503
§46A-6F-503. Operating a criminal recovery service; penalties.
Status: in_force

(a) A person is guilty of operating a criminal recovery service when the person:

(1) Makes a representation that he will recover all or any portion of the consideration that a consumer has paid to a telemarketer in response to a telemarketing solicitation;

(2) Does not intend to make such recovery or has no reasonable expectation to anticipate that recovery will be made; and

(3) Receives any remuneration from the consumer before a recovery of consideration is made.

(b) Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional center not less than one year nor more than ten years, or fined not more than $5,000 and confined in a state correctional center not less than one year nor more than ten years.
W. Va. Code § 16-13A-3A — WV Code / Chapter 16 / Article 13A / Section 3A
§16-13A-3a. Removal of members of public service board.
Status: in_force

The county commission or the Public Service Commission or any other appointive body creating or establishing a public service district under the provisions of this article, or any group of five percent or more of the customers of a public service district, may petition the circuit court of the county in which the district maintains its principal office for the removal of any member of the governing board thereof for consistent violations of any provisions of this article, for reasonable cause which includes, but is not limited to, a continued failure to attend meetings of the board, failure to diligently pursue the objectives for which the district was created, or failure to perform any other duty either prescribed by law or required by a final order of the Public Service Commission or for any malfeasance in public office. Any board member charged with a violation under this section who offers a successful defense against such charges shall be reimbursed for the reasonable costs of such defense from district revenues. Such costs shall be considered as costs associated with rate determination by the public service district and the Public Service Commission. If the circuit court judge hearing the petition for removal finds that the charges are frivolous in nature, the judge may assess all or part of the court costs, plus the reasonable costs associated with the board member's defense, against the party or parties who petitioned the court for the board member's removal.
W. Va. Code § 18-7D-1 — WV Code / Chapter 18 / Article 7D / Section 1
§18-7D-1. Legislative findings and purpose.
Status: in_force

(a) The Legislature hereby finds and declares as follows:

(1) That the quality of this state's education system is largely dependent upon the quality of its teachers and educational service personnel;

(2) That many West Virginia teachers and education service personnel who currently are members of the Teachers' Defined Contribution Retirement System desire to join a defined benefit system, which relieves participants of bearing the risk of investment performance and offers the security of providing participants with advanced knowledge of their anticipated retirement benefit;

(3) That other members of the Teachers' Defined Contribution Retirement System remain comfortable with bearing the attendant market risks and performance of their investments associated with managing the individual retirement accounts of that system;

(4) That it is in the best interests of the teachers and education service personnel in this state, as well as the state's system of public education as a whole, to permit members of the Teachers' Defined Contribution Retirement System to voluntarily elect membership in the state Teachers Retirement System pursuant to the provisions of this article; and

(5) That the prudent and fiscally sound management of the state Teachers Retirement System necessitates that a sufficient number of members of the Teachers' Defined Contribution Retirement System elect to voluntarily transfer their assets to the state Teachers Retirement System in accordance with the provisions of this article.
W. Va. Code § 46A-6F-220 — WV Code / Chapter 46A / Article 6F / Section 220
§46A-6F-220. Inapplicability of article to the annual sale of less than one hundred dollars for food stuffs and edibles.
Status: in_force

The provisions of this article do not apply to a person soliciting the sale of food stuffs and edibles, except vitamins, if the solicitations neither intends to result in, or actually results in a sale or sales which costs the consumer in excess of $100 annually to a single address: Provided, That such sales are not solicited by professional telemarketers.
W. Va. Code § 17C-1-3 — WV Code / Chapter 17C / Article 1 / Section 3
§17C-1-3. Motor vehicle.
Status: in_force

"Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheelchairs.
W. Va. Code § 37-13-7 — WV Code / Chapter 37 / Article 13 / Section 7
§37-13-7. Remedy herein provided cumulative.
Status: in_force

This article and the rights and remedies herein provided for shall be cumulative and in addition to other existing rights. The right of eminent domain and the remedy of condemnation of lands shall not be affected hereby. This article shall not apply to burial grounds governed by the provisions of article five, chapter thirty-five of this code or by the provisions of section eight-a, article one, chapter twenty-nine of this code.
W. Va. Code § 17-17A-3 — WV Code / Chapter 17 / Article 17A / Section 3
§17-17A-3. Authorization of notes.
Status: in_force

The commissioner is hereby authorized to pay the cost of any surface transportation improvement through the issuance of special obligation notes. No such notes may be issued, however, unless they are part of an issue described in a written declaration executed by the Governor and the commissioner and filed in the office of the Secretary of State.

Except in the case of renewal notes, the proceeds of such notes shall be used solely for the payment of the cost of the surface transportation improvements which they were issued to finance, which shall be verified by the commissioner and under such further restrictions, if any, as may be provided. If the proceeds of such notes, by error or calculation or otherwise, shall be less than the cost of the related surface transportation improvements, additional notes may in like manner be issued to provide the amount of such deficit, and unless otherwise provided in the trust agreement hereinafter mentioned, shall be deemed to be of the same issue and shall be entitled to payment from the same sources, without preference or priority of the notes first issued for the same related surface transportation improvements. If the proceeds of notes issued for any related surface transportation improvements shall exceed the cost thereof, the surplus shall be applied to the payment, purchase or redemption of such notes.

Such notes shall be executed by the Governor and the commissioner, under the great seal of the state, attested by the facsimile signature of the Secretary of State, and the coupons, if any, attached thereto shall be authenticated by the facsimile signature of the commissioner. The Governor and the commissioner may execute such notes by their facsimile signatures, but, unless provision has been made for the authentication thereof by a trustee determined to be responsible by the commissioner, each note shall bear at least one manual signature.

Prior to the preparation of definitive notes, the Governor and the commissioner may under like restrictions issue temporary notes with or without coupons, exchangeable for definitive notes upon the issuance of the latter. Such notes may be issued without any other proceedings, or the happening of any other conditions or things than those proceedings, conditions and things which are specified and required by this article or by the Constitution of the state.
W. Va. Code § 51-7-8 — WV Code / Chapter 51 / Article 7 / Section 8
§51-7-8. Transcripts to be furnished indigent persons in juvenile delinquency and child abuse and neglect proceedings upon timely request; payment therefor.
Status: in_force

In any proceeding held pursuant to §49-4-601 through §49-4-725 of this code in which an indigent respondent or his or her counsel has filed a written request, in the manner prescribed by the Supreme Court of Appeals, evidencing an intent to appeal a decision of a circuit court in the proceeding, the court, upon presentation of a written request, presented within 30 days after the entry of the order sought to be appealed, shall authorize and direct the court reporter to furnish a transcript of the testimony of the proceeding or the part or parts of the transcript that have specifically been requested.

The court, after being sufficiently satisfied of the reasonableness of a voucher or claim submitted for payment of the cost of preparing the transcript, shall certify the cost to the State Auditor, who shall, in a timely manner, pay the court reporter’s fee from appropriations to the Supreme Court of Appeals.
W. Va. Code § 20-18-11 — WV Code / Chapter 20 / Article 18 / Section 11
§20-18-11. Notice requirements.
Status: in_force

(a) The Division of Natural Resources shall prepare a written notice no later than August 1, 2020, to be delivered to each Natural Resources Police Officer actively employed by the division: Provided , That the division shall also deliver this notice on the first day of employment to any Natural Resources Police Officer hired after July 1, 2020, but before January 2, 2021. This notice shall clearly and accurately explain the benefits, financial implications and consequences to a Natural Resources Police Officer of electing to participate in the retirement plan created in this article, including the consequences and financial implications in regard to the benefits under the public employees insurance plan as set forth in §5-16-1 et seq. of this code. This notice shall be distributed to each Natural Resources Police Officer and the West Virginia Division of Natural Resources shall obtain a signed receipt from each Natural Resources Police Officer acknowledging that the Natural Resources Police Officer was provided a copy of the notice required in this subsection. If a Natural Resources Police Officer makes the election provided for in §20-18-6 of this code, he or she shall be considered to have made a voluntary, informed decision in regard to the election to participate in the retirement system created in this article.

(b) Nothing in this section may be construed to alter, affect or change any of the rights and benefits of any Natural Resources Police Officer who has insurance coverage under §5-16-1 et seq. of this code as a result of being a spouse or dependent of a participant who is the primary insured under §5-16-1 et seq. of this code.

(c) Nothing contained in this section may be construed to affect or pertain to any life insurance coverage under §5-16-1 et seq. of this code.
W. Va. Code § 16-27B-10 — WV Code / Chapter 16 / Article 27B / Section 10
§16-27B-10. Impounding sources of ionizing radiation.
Status: in_force

The department is authorized, in the event of an emergency or under other circumstances constituting a hazard to public health and safety or the environment, to impound or order the impounding of sources of ionizing radiation in the possession of any person who is not equipped to observe or fails to observe the provisions of this article, federal law, or any rules or regulations promulgated or issued thereunder.
W. Va. Code § 19-16A-10 — WV Code / Chapter 19 / Article 16A / Section 10
§19-16A-10. Restricted use pesticides.
Status: in_force

No person may use any pesticide classified for restricted use unless that person has first complied with the certification requirements of the rules promulgated pursuant to this article, unless such person is acting under the direct supervision of a certified applicator.