FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 4-1-11 — WV Code / Chapter 4 / Article 1 / Section 11
§4-1-11. Vacancies in clerkships.
Status: in_force

A vacancy in the office of clerk of the Senate or Clerk of the House of Delegates, happening when the Legislature is not in session, shall be filled by appointment by the President of the Senate for a vacancy occurring in the office of clerk of the Senate and by the Speaker of the House of Delegates for a vacancy occurring in the office of Clerk of the House of Delegates, to expire at the meeting of the next regular or extraordinary session of the Legislature. If any such vacancy happen when the Legislature is in session, it shall be filled in the same manner as is provided for the election of such officer at the commencement of each regular session.
W. Va. Code § 5B-1-5 — WV Code / Chapter 5B / Article 1 / Section 5
§5B-1-5. Delegation of powers and duties by secretary.
Status: in_force

The secretary may delegate his or her powers and duties to assistants and employees, but the secretary is responsible for all official acts of the department.
W. Va. Code § 54-3-2 — WV Code / Chapter 54 / Article 3 / Section 2
§54-3-2. Statement of purposes.
Status: in_force

The purposes of this article are: (1) To require the establishment of a uniform policy for the fair and equitable treatment by state agencies of persons displaced from property in order that such persons shall not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole; and (2) to encourage and expedite the acquisition of real property or any interest therein by agreements with persons so as to avoid litigation and relieve congestion in the courts, to assure consistent treatment of persons and promote public confidence in the land acquisition practices of any state agency.
W. Va. Code § 18-30A-15 — WV Code / Chapter 18 / Article 30A / Section 15
§18-30A-15. Limitation on liability.
Status: in_force

Nothing in this article creates any obligation of the board, the Treasurer, the state, or any agency or instrumentality of the state to guarantee for the benefit of any account holder or designated beneficiary with respect to the:

(1) Return of principal;

(2) Rate of interest or other return on any account; or

(3) Payment of interest or other return on any account.
W. Va. Code § 7-17-10 — WV Code / Chapter 7 / Article 17 / Section 10
§7-17-10. Powers generally.
Status: in_force

The county fire board may:

(1) Make and adopt all necessary bylaws, rules and regulations for its organization and operations not inconsistent with law;

(2) Elect its own officers, appoint committees and employ and fix compensation for personnel necessary for its operation;

(3) Enter into contracts with any person, agency, governmental department, firm or corporation, including both public and private corporations, and renew, amend or supplement such contracts;

(4) Generally do any and all things necessary or convenient for the purpose of improving fire service protection within the area to be served;

(5) Borrow money, apply for, receive and use grants-in-aid, donations and contributions from any source or sources and accept and use bequests, devises, gifts and donations from any person, firm or corporation;

(6) Raise funds by the issuance and sale of revenue bonds in the manner provided by law;

(7) Formulate and present a petition for funds to the county commission: Provided, That not more than one percent of such funds be used for purposes other than the prioritized needs of the member departments;

(8) Purchase or otherwise acquire, own, hold, sell and dispose of real and personal property; and

(9) Expend its funds in the execution of the powers and authority herein given, which expenditures, by the means authorized herein, are hereby determined and declared as a matter of legislative finding to be for a public purpose and use, in the public interest and for the general welfare of the people of West Virginia.
W. Va. Code § 22-22B-5 — WV Code / Chapter 22 / Article 22B / Section 5
§22-22B-5. Validity; effect on other instruments.
Status: in_force

(a) An environmental covenant that complies with this article runs with the land.

(b) An environmental covenant that is otherwise effective is valid and enforceable even if:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to a person other than the original holder;

(3) It is not of a character that has been recognized traditionally at common law;

(4) It imposes a negative burden;

(5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;

(6) The benefit or burden does not touch or concern real property;

(7) There is no privity of estate or contract;

(8) The holder dies, ceases to exist, resigns or is replaced; or

(9) The owner of an interest subject to the environmental covenant and the holder are the same person.

(c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of the enactment of this article during the regular session of the Legislature in two thousand five is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) of this section or because it was identified as an easement, servitude, deed restriction or other interest. This article does not apply in any other respect to such an instrument.

(d) This article does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.
W. Va. Code § 17A-8-3 — WV Code / Chapter 17A / Article 8 / Section 3
§17A-8-3. Action by department on report of stolen or embezzled vehicle or special mobile equipment.
Status: in_force

The department upon receiving a report of a stolen or embezzled vehicle or any item of special mobile equipment as hereinbefore provided shall file and appropriately index the same and shall, if the same is registered or titled, immediately suspend such registration and/or certificate of title of the vehicle or item of special mobile equipment so reported, and shall not transfer the registration of the same until such time as it is notified in writing that such vehicle or item of special mobile equipment has been recovered.

The department shall at least once each week compile and maintain at its headquarters office a list of all vehicles or items of special mobile equipment which have been stolen or embezzled or recovered as reported to it during the preceding week and such list shall be open to inspection by any peace officer or other person interested in any such vehicle or item of special mobile equipment. A copy of each such weekly list shall be forwarded to the superintendent of the department of public safety.

The department shall publish once a month a list of all vehicles or items of special mobile equipment stolen, embezzled or recovered during the previous month and shall forward a copy of the same to every sheriff and to all police departments in cities of this state with over five thousand inhabitants. Such list shall also be forwarded to the State Police department or other proper official in each state of the United States.
W. Va. Code § 31A-4-41 — WV Code / Chapter 31A / Article 4 / Section 41
§31A-4-41. Additional authority of board as to limited operations and cessation of business by state banks.
Status: in_force

The board may, by and with the consent of the Governor, permit or require any state bank or any number or all of such banks to:

(1) Operate and do business in such manner and under such limitations and regulations as the board, with the approval of the Governor, may prescribe, or

(2) Cease business for such period of time as the board, with the approval of the Governor, may direct, in which case the period of such cessation shall be held to be a legal holiday as to such bank or banks.
W. Va. Code § 18-30-11 — WV Code / Chapter 18 / Article 30 / Section 11
§18-30-11. Financial aid eligibility.
Status: in_force

The calculations of a beneficiary’s eligibility for state student financial aid for higher education may not include or consider the value of distributions available in a savings plan account.
W. Va. Code § 7-13-13 — WV Code / Chapter 7 / Article 13 / Section 13
§7-13-13. Liberal construction of article.
Status: in_force

This article is enacted to assist with the reduction and elimination of the incidence and causes of poverty in West Virginia, hereinbefore declared to be a public purpose, and this article shall be liberally construed so as to give community action program organizations the full and complete power required to give maximum aid toward the accomplishment of such public purpose.
W. Va. Code § 44-6A-8 — WV Code / Chapter 44 / Article 6A / Section 8
§44-6A-8. Application to existing institutional funds.
Status: in_force

This article applies to institutional funds existing on or established after the effective date of this article. As applied to institutional funds existing on the effective date of this article, this article governs only decisions made or actions taken on or after that date.
W. Va. Code § 3-4A-18 — WV Code / Chapter 3 / Article 4A / Section 18
§3-4A-18. Disrepair of vote recording devices in use; reserve vote recording devices.
Status: in_force

If, during the conduct of an election, a vote recording device becomes in a state of disrepair so that it cannot be operated in a manner that will comply with the provisions of this article, the election commissioners shall seal the device in such manner as to prevent further voting thereon. Then the election commissioners shall secure from the county clerk a reserve vote recording device, which shall be prepared, inspected and delivered to the polling place wherein the seal shall be broken and such device opened in the presence of the precinct election commissioners who shall certify in writing signed by them to the clerk of the county commission, that the reserve vote recording device was found to be sealed upon delivery to the polling place, that the seal was broken and the device opened in their presence at the polling place. The commissioners shall proceed to conduct the election.
W. Va. Code § 30-4-20 — WV Code / Chapter 30 / Article 4 / Section 20
§30-4-20. Procedures for hearing; right of appeal.
Status: in_force

(a) Hearings are governed by the provisions of §30-1-8 of this code and the legislative rules promulgated pursuant to this article.

(b) The board may conduct the hearing or elect to have an administrative law judge conduct the hearing.

(c) If the hearing is conducted by an administrative law judge, at the conclusion of the hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the board so directs. The board may accept, reject or modify the decision of the administrative law judge.

(d) Any member of the board or the executive director of the board has the authority to administer oaths and to examine any person under oath.

(e) If, after a hearing, the board determines the licensee or permittee has violated one or more provisions of this article or the board’s rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law, and a specific description of the disciplinary actions imposed.
W. Va. Code § 31B-9-901 — WV Code / Chapter 31B / Article 9 / Section 901
§31B-9-901. Definitions.
Status: in_force

In this article:

(1) "Corporation" means a corporation under chapter thirty-one of this code, a predecessor law, or comparable law of another jurisdiction.

(2) "General partner" means a partner in a partnership and a general partner in a limited partnership.

(3) "Limited partner" means a limited partner in a limited partnership.

(4) "Limited partnership" means a limited partnership created under article nine, chapter forty-seven of this code, a predecessor law, or comparable law of another jurisdiction.

(5) "Partner" includes a general partner and a limited partner.

(6) "Partnership" means a general partnership under chapter forty-seven-b of this code, a predecessor law, or comparable law of another jurisdiction.

(7) "Partnership agreement" means an agreement among the partners concerning the partnership or limited partnership.

(8) "Shareholder" means a shareholder in a corporation.
W. Va. Code § 22-5-2 — WV Code / Chapter 22 / Article 5 / Section 2
§22-5-2. Definitions.
Status: in_force

The terms used in this article are defined as follows:

(1) “Air pollutants” means solids, liquids, or gases which, if discharged into the air, may result in a statutory air pollution.

(2) “Board” means the air quality board continued pursuant to the provisions of §22B-2-1 et seq . of this code.

(3) “Director” means the Secretary of the Department of Environmental Protection or such other person to whom the director has delegated authority or duties pursuant to §22-1-6 or §22-1-8 of this code.

(4) “Discharge” means any release, escape, or emission of air pollutants into the air.

(5) “Person” means any and all persons, natural or artificial, including the state of West Virginia or any other state, the United States of America, any municipal, statutory, public, or private corporation organized or existing under the laws of this or any other state or country, and any firm, partnership or association of whatever nature.

(6) “Statutory air pollution” means and is limited to the discharge into the air by the act of man of substances (liquid, solid, gaseous, organic or inorganic) in a locality, manner and amount as to be injurious to human health or welfare, animal or plant life, or property, or which would interfere with the enjoyment of life or property.
W. Va. Code § 22A-1-32 — WV Code / Chapter 22A / Article 1 / Section 32
§22A-1-32. Certification of mine foreman or assistant mine foreman whose license to engage in similar activities suspended in another state.
Status: in_force

Any person whose license, certificate or similar authority to perform any supervisory or fire boss duties in another state has been suspended or revoked by that state cannot be certified under any provision of this chapter during the period of such suspension or revocation in the other state.
W. Va. Code § 30-24-7 — WV Code / Chapter 30 / Article 24 / Section 7
§30-24-7. Records required to be kept; reports to Legislature.
Status: in_force

Each board referred to in the preceding sections of this article shall prepare and maintain records as to (1) the number of veterans who apply to such boards for license or registration under the provisions of this article and the percentage thereof who pass the required examination or examinations; and (2) the number of persons who apply to such boards for license other than under the provisions of this article and the percentage thereof who pass the required examination or examinations. Each such board shall render a report to the Legislature each year, during the first ten days of each regular session thereof, collating and summarizing the information contained in such records.
W. Va. Code § 58-4-12 — WV Code / Chapter 58 / Article 4 / Section 12
§58-4-12. Indorsements on writs as to bond.
Status: in_force

The clerk of the circuit court shall indorse on the summons or supersedeas, or on the certified copy of the court order in lieu thereof, that it is not to be effectual until the bond required by the following section, with good personal security, be given before the clerk of the court of limited jurisdiction, who shall take such bond and indorse on the process, or on the certified copy of the court order in lieu thereof, that it has been given, and the names of the sureties therein, and forward to the clerk of the circuit court a certified copy of such bond.
W. Va. Code § 22-1A-6 — WV Code / Chapter 22 / Article 1A / Section 6
§22-1A-6. Scope of application.
Status: in_force

The provisions of this article only apply to the programs administered by the Division of Environmental Protection on the effective date of this article.
W. Va. Code § 46A-2A-104 — WV Code / Chapter 46A / Article 2A / Section 104
§46A-2A-104. Violations.
Status: in_force

(a) Except as provided by subsection (c) of this section, failure to comply with the notice provisions of this article constitutes an unfair or deceptive act of practice in violation of section one hundred four, article six, chapter forty-six-a of this code, which may be enforced by the Attorney General pursuant to the enforcement provisions of this chapter.

(b) Except as provided by subsection (c) of this section, the Attorney General shall have exclusive authority to bring action. No civil penalty may be assessed in an action unless the court finds that the defendant has engaged in a course of repeated and willful violations of this article. No civil penalty shall exceed $150,000 per breach of security of the system or series of breaches of a similar nature that are discovered in a single investigation.

(c) A violation of this article by a licensed financial institution shall be enforceable exclusively by the financial institution's primary functional regulator.
W. Va. Code § 8-16-3 — WV Code / Chapter 8 / Article 16 / Section 3
§8-16-3. Special provisions as to certain municipal public works.
Status: in_force

When the municipal public works is a motor vehicle parking facility, any municipality involved therein shall have the plenary power and authority, in order to help finance the same, to use any revenue derived from other parking meters or other parking facilities, unless such revenue is otherwise pledged to pay for such other parking meters or other parking facilities.

When the municipal public works is a jail facility used for municipal prisoners, any municipality involved therein shall have the power and authority, in order to help finance the same, to pledge, for a period not to exceed twenty years, the proceeds derived from the imposition of fines and fees.

When the cost of the municipal public works is to be paid by special assessment against the abutting property, represented by assessment certificates which constitute a lien upon such property and said assessment certificates are pledged by any municipality to retire revenue bonds issued and sold to pay the cost thereof, the payor of such assessment certificate shall have the right to pay the same at any time before maturity, together with interest thereon to date of payment, and upon the payment of such assessment certificate the treasurer of such municipality shall deliver to the payor a release for such lien, and the funds received therefrom shall by said treasurer be deposited in a special fund to be expended only in the payment of such revenue bonds.
W. Va. Code § 46-3-418 — WV Code / Chapter 46 / Article 3 / Section 418
§46-3-418. Payment of acceptance by mistake.
Status: in_force

(a) Except as provided in subsection (c), if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that (i) payment of the draft had not been stopped pursuant to section 4-403 or (ii) the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft.

(b) Except as provided in subsection (c), if an instrument has been paid or accepted by mistake and the case is not covered by subsection (a), the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, (i) recover the payment from the person to whom or for whose benefit payment was made or (ii) in the case of acceptance, may revoke the acceptance.

(c) The remedies provided by subsection (a) or (b) may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by section 3-417 or 4-407.

(d) Notwithstanding section 4-215, if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under subsection (a) or (b), the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.
W. Va. Code § 11-12D-5 — WV Code / Chapter 11 / Article 12D / Section 5
§11-12D-5. Staffing for office of business registration; costs of centralized records system; legislative intent.
Status: in_force

(a) It is the intent of the Legislature that the staff of the office of business registration established by this article be composed of existing positions within the departments, divisions and agencies of the state whose functions are centralized by this article, and particularly from existing staff of the Department of Tax and Revenue and the Bureau of Employment Programs.

(b) It is the intent of the Legislature that costs associated with the office of business registration and the centralized records system established in this article be paid, to the maximum extent possible, from existing appropriations to the Department of Tax and Revenue and the Bureau of Employment Programs, except for such additional costs as may be attributable to the development and maintenance of the centralized records system or database. To carry out this intent, the Governor may redirect funds from such appropriations.
W. Va. Code § 33-7-4 — WV Code / Chapter 33 / Article 7 / Section 4
§33-7-4. Reporting assets not allowed or of doubtful value.
Status: in_force

All assets not allowed and all other assets of doubtful value or character included as assets in any statement by an insurer to the commissioner, or in any examiner's report to him shall also be reported, to the extent of the value disallowed, as deductions from the gross assets of such insurer except where the commissioner permits a reserve to be carried among the liabilities of such insurer in lieu of any such deduction.
W. Va. Code § 15A-5-10 — WV Code / Chapter 15A / Article 5 / Section 10
§15A-5-10. Completing the GOALS Program satisfies the requirements for the DUI Safety and Treatment Program.
Status: in_force

Notwithstanding any provision of this code to the contrary, any individual committed to the custody of the Commissioner of the Division of Corrections and Rehabilitation who successfully completes the Getting Over Addictive Lifestyles Successfully Program shall be deemed to have also completed the West Virginia DUI Safety and Treatment Program discussed in §17C-5A-3 of this code for purposes of reinstatement of driving privileges.

The Commissioner of the Division of Corrections and Rehabilitation shall provide each individual that completes the Getting Over Addictive Lifestyles Successfully Program with a certificate of completion. Upon completion of the Getting Over Addictive Lifestyles Successfully Program, the individual shall provide the certificate of completion to the Division of Motor Vehicles. The Division of Motor Vehicles shall accept the certificate as evidence of completion of the DUI Safety and Treatment Program.