FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 15-1K-2 — WV Code / Chapter 15 / Article 1K / Section 2
§15-1K-2. Definitions.
Status: in_force

As used in this article:

(1) “Civil Air Patrol leave” means leave requested by an employee who:

(A) Is a volunteer member of the civilian auxiliary of the United States Air Force known as the Civil Air Patrol; and

(B) Has been authorized by the United States Air Force, the Governor or a department, division, agency or political subdivision of the state to respond to or train for an emergency mission.

(2) “Emergency mission” means an Air Force assigned mission under which the West Virginia wing of the Civil Air Patrol conducts operations.

(3) “Employee” means any individual who performs services for, or under the control of, a provider of wages or remuneration.

(4) “Employee benefits” means all benefits other than wages given by an employer.

(5) “Employer” means any person or entity that employs more than fifteen employees.
W. Va. Code § 3-8-9B — WV Code / Chapter 3 / Article 8 / Section 9B
§3-8-9b. Coordinated expenditures by political party committees and political party caucuses in connection with certain statewide candidates.
Status: in_force

(a) Notwithstanding the provisions of §3-8-9a of this code, the state committee of a political party and caucus campaign committee may make coordinated expenditures in any amount with the general election campaign of the candidate for each of the following offices: Governor, Attorney General, Auditor, Commissioner of Agriculture, Secretary of State, Treasurer, State Senate, and House of Delegates.

(b) Any communication that results from a political expenditure and is made in coordination with a state committee of a political party and caucus campaign committee must contain a disclaimer that clearly identifies that the expenditure is coordinated with the candidate or candidate’s committee with whom it was coordinated.

(c) The amendments to this section enacted during the regular session of the Legislature, 2022, shall not be effective until November 9, 2022.
W. Va. Code § 36-1A-7 — WV Code / Chapter 36 / Article 1A / Section 7
§36-1A-7. Uniformity of application and construction.
Status: in_force

(a) With respect to any matter relating to the validity of an interest within the rule against perpetuities, unless a contrary intent appears in the instrument, as a rule of construction it shall be presumed that the transferor of the interest intended that the interest be valid.

(b) The provisions of this article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
W. Va. Code § 5B-1B-1 — WV Code / Chapter 5B / Article 1B / Section 1
§5B-1B-1. Southern West Virginia Lake Development Study Commission Act.
Status: in_force

This article shall be known as the “Southern West Virginia Lake Development Study Commission Act.”
W. Va. Code § 44D-1-113 — WV Code / Chapter 44D / Article 1 / Section 113
§44D-1-113. Insurable interest of trustee.
Status: in_force

(a) A trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a fiduciary capacity or that designates the trust itself as the owner if, on the date the policy is issued:

(1) The insured is:

(A) A grantor of the trust; or

(B) An individual in whom a grantor of the trust has, or would have had if living at the time the policy was issued, an insurable interest as provided by the provisions of section two, article six, chapter thirty-three of this code; and

(2) The life insurance proceeds are primarily for the benefit of one or more trust beneficiaries that have an insurable interest in the life of the insured as provided by the provisions of section two, article six, chapter thirty-three of this code.

(b) For purposes of this section, the term “grantor” means a person that executes a trust instrument. The term includes a person for which a fiduciary or agent is acting.
W. Va. Code § 37C-1-2 — WV Code / Chapter 37C / Article 1 / Section 2
§37C-1-2. Accumulation and payment of proceeds from production from horizontal wells.
Status: in_force

Notwithstanding any of the other provisions of this article, proceeds from production of oil, natural gas, and natural gas liquids from horizontal wells may be accumulated by the owners, cotenants, lessees, operators, or their agents, contractors, or assigns, until such time as proceeds attributable to any interest owner exceeds $100 before making a remittance: Provided, That, regardless of the amount of money accumulated, the owners, cotenants, lessees, operators, or their agents, contractors, or assigns shall remit proceeds from horizontal wells attributable to the interest owners not less than once annually: Provided, however, That all accumulated proceeds from horizontal wells shall be paid to the interest owners entitled thereto immediately, or as soon as practicable, upon cessation of production of oil, natural gas, or natural gas liquids or upon relinquishment or transfer of the payment responsibility to another party.
W. Va. Code § 61-10-5 — WV Code / Chapter 61 / Article 10 / Section 5
§61-10-5. Betting on games of chance; furnishing money or thing of value therefor; penalty.
Status: in_force

If any person at any place, public or private, bet or wage money or other thing of value on any game of chance, or shall knowingly furnish any money or other thing of value to any other person to bet or wage on any such game, he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $5 nor more than $300, and shall, if required by the court, give security for his good behavior for one year, and in default of the payment of such fine and the costs and the execution of such bond, if such bond be required, shall be imprisoned in the county jail not less than ten nor more than thirty days.
W. Va. Code § 60A-4-419 — WV Code / Chapter 60A / Article 4 / Section 419
§60A-4-419. Drug kingpin.
Status: in_force

(a) For purposes of this section, “drug kingpin” means an organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State of West Virginia a controlled dangerous substance.

(b)(1) Notwithstanding the provisions of §60A-4-414 of this code, a drug kingpin who conspires to manufacture, distribute, dispense, transport in, or bring into the State of West Virginia a controlled dangerous substance in an amount listed in §60A-4-414(b) of this code is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for an indeterminate sentence of not less than 10 nor more than 40 years and fined not more than $100,000.

(2) The sentence provided in this section is mandatory. A person convicted of an offense set forth in this section is not eligible for probation, home incarceration, or to have his or her sentence suspended for any reason.

(c) It is not a defense to a prosecution under this section that the controlled substance was brought into or transported in the State of West Virginia solely for ultimate distribution or dispensing in another jurisdiction.

(d) The offenses set forth in this section are in addition to and separate and distinct from any other offenses set forth in this code.
W. Va. Code § 33-22-4 — WV Code / Chapter 33 / Article 22 / Section 4
§33-22-4. License.
Status: in_force

No such company shall transact insurance in West Virginia except as authorized by a license issued by the commissioner. Such company shall apply to the commissioner for such license and shall file with such application a certified copy of its charter and bylaws, together with applications from residents of this state for not less than $100,000 of insurance of the type such companies are permitted to transact on property located in this state. The term of such license, renewal, refusal to license, revocation, suspension or penalty in lieu thereof, and reissuance, shall be governed by the provisions of sections eight, nine, ten, and eleven, of article three of this chapter, in the same manner that such sections are applicable to insurers generally, to the extent such provisions are not inconsistent with the provisions of this article.
W. Va. Code § 48-5-706 — WV Code / Chapter 48 / Article 5 / Section 706
§48-5-706. Revision of order concerning distribution of marital property.
Status: in_force

In modifying a final divorce order, the court may, when other means are not conveniently available, alter any prior order of the court with respect to the distribution of marital property, if:

(1) The property is still held by the parties;

(2) The alteration of the prior order as it relates the distribution of marital property is necessary to give effect to a modification of spousal support, child support or child custody; or

(3) The alteration of the prior order as it relates the distribution of marital property is necessary to avoid an inequitable or unjust result which would be caused by the manner in which the modification will affect the prior distribution of marital property.
W. Va. Code § 21-11A-17 — WV Code / Chapter 21 / Article 11A / Section 17
§21-11A-17. Additional construction defects; additional notice of claim.
Status: in_force

A construction defect which is discovered after a claimant has provided a contractor with the original notice of claim is subject to the notice requirements and timetable of this article.
W. Va. Code § 11-15B-4 — WV Code / Chapter 11 / Article 15B / Section 4
§11-15B-4. Authority to participate in multistate negotiations.
Status: in_force

For the purposes of reviewing and/or amending the agreement embodying the simplification requirements as contained in section seven of this article, the state shall enter into multistate discussions. For purposes of such discussions, the state shall be represented by no more than four delegates, two of whom shall be appointed by the President of the Senate and the Speaker of the House of Delegates. The other two delegates shall be the secretary of tax and revenue and the Tax Commissioner, or their respective designees.
W. Va. Code § 36-7-22 — WV Code / Chapter 36 / Article 7 / Section 22
§36-7-22. Effect on existing custodianships.
Status: in_force

(a) Any transfer of custodial property as now defined in this article made before the effective date of this article is validated notwithstanding that there was no specific authority in the West Virginia Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.

(b) This article applies to all transfers made before the effective date of this article in a manner and form prescribed in the West Virginia Uniform Gifts to Minors Act, except insofar as the application impairs Constitutionally vested rights or extends the duration of custodianships in existence on the effective date of this article.

(c) Sections one and twenty with respect to the age of a minor for whom custodial property is held under this article do not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of eighteen after June 9, 1972 and before July 1, 1986.
W. Va. Code § 16-48-7 — WV Code / Chapter 16 / Article 48 / Section 7
§16-48-7. Limitation on Liability.
Status: in_force

(a) Nothing in this act creates any obligation of the Treasurer, the state or any agency or instrumentality of the state to guarantee for the benefit of any account owner 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.

(b) The Treasurer may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to provide that every contract, application or other similar document that may be used in connection with opening an account clearly indicates that the account is not insured by the state and that the principal deposited and the investment return are not guaranteed by the state.
W. Va. Code § 30-36-13 — WV Code / Chapter 30 / Article 36 / Section 13
§30-36-13. Scope of license.
Status: in_force

Except as otherwise provided in this article, a license authorizes the licensee to practice acupuncture while the license is effective.
W. Va. Code § 62-9-15 — WV Code / Chapter 62 / Article 9 / Section 15
§62-9-15. Indictment for giving worthless check.
Status: in_force

An indictment for giving a worthless check shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):

That A ..............., on the ........ day of ........,nineteen .........., in the said county of .........., did unlawfully and feloniously (if for a felony, or "did unlawfully," if for a misdemeanor) issue and deliver unto B ..............., for value, with intent to defraud the said B ..............., his certain check (or draft) of the words and figures following: (here copy check or draft), when he the said A ..............., knowingly did not have sufficient funds on deposit in or credit with the said .......... bank of .......... with which to pay said check (or draft), against the peace and dignity of the state.
W. Va. Code § 20-1-18C — WV Code / Chapter 20 / Article 1 / Section 18C
§20-1-18c. Cooperation with federal government in management of federal lands within the state.
Status: in_force

The Legislature recognizes that there are large areas of this state that are owned by or under the control of the government of the United States. In order to cooperate with the various federal agencies which have jurisdiction over these areas and to effectively enforce rules and regulations to protect these areas, the Legislature hereby authorizes the director to adopt such rules and regulations as are necessary to cooperate in all law enforcement activities with the various federal agencies. Such rules and regulations shall be adopted according to the administrative procedures act as provided in chapter twenty-one-a of this code. To the extent that any rules and regulations adopted by the director are identical to existing federal rules and regulations, they may be promulgated without the procedures required under the administrative procedures act except that there shall be public notice of the adoption of such regulations and they shall be filed in the office of the Secretary of State.
W. Va. Code § 30-21-13 — WV Code / Chapter 30 / Article 21 / Section 13
§30-21-13. Penalties.
Status: in_force

Any person who violates any of the provisions of this article, any of the reasonable rules and regulations promulgated hereunder or any order or any final decision of the board shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500, or imprisoned in the county jail not more than six months, or both fined and imprisoned.
W. Va. Code § 46A-4-110 — WV Code / Chapter 46A / Article 4 / Section 110
§46A-4-110. Conduct of business other than making loans.
Status: in_force

(1) No licensee shall conduct the business of making loans under the provisions of this article within any office, room or place of business in which any other business is solicited or engaged in, or in association or conjunction therewith, except as may be authorized in writing by the commissioner upon his finding that the character of such other business is sufficiently related to that of a financial institution and is such that the granting of such authority would not facilitate evasions of this article or of the rules lawfully made hereunder, except nothing herein shall prohibit the licensee from purchasing installment sales contracts or the sale or provision of insurance authorized by section one hundred nine, article three of this chapter, or from making loans authorized under the provisions of the West Virginia secondary mortgage loan act as set forth in article seventeen, chapter thirty-one of this code, or from engaging in any business previously approved by the commissioner prior to September 1, 1996.

(2) A licensee may purchase, hold and convey real property as follows:

(a) As shall be necessary for the convenient transaction of its business;

(b) As is mortgaged to it in good faith by way of security for loans made by or money due to such regulated consumer lender;

(c) As is conveyed to it in satisfaction of debts previously contracted in the course of its dealings;

(d) As is acquired by the sale on execution or judgment or decree of any court in its favor.

(3) A licensee shall not purchase, hold or convey any real property in any other case or for any other purpose whatsoever. Real property shall be conveyed only by authority of the board of directors of any such regulated consumer lender. No real property acquired upon foreclosure in the cases contemplated in subdivision (b), or acquired under subdivisions (c) and (d) of this section shall be held for a longer time than ten years, unless such period shall be extended by the commissioner of banking.
W. Va. Code § 37B-2-3 — WV Code / Chapter 37B / Article 2 / Section 3
§37B-2-3. Definitions.
Status: reserved

Terms used in this article shall have the meanings as provided in §36-8-1 et seq. and §37B-1-1 et seq. of this code. In addition, as used in this article:

“Reserved interests” means all amounts payable for the use, development, extraction, production or sale of minerals due for an unknown or unlocatable interest owner. The term includes amounts payable:

(i) For the acquisition and retention of a mineral lease, including bonuses, royalties, compensatory royalties, shut-in royalties, minimum royalties and delay rentals;

(ii) For the extraction, production or sale of minerals, including net revenue interests, royalties, overriding royalties, extraction payments and production payments; and

(iii) Under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement and farm-out agreement.
W. Va. Code § 6A-1-2 — WV Code / Chapter 6A / Article 1 / Section 2
§6A-1-2. Statement of policy.
Status: in_force

Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government of the state and its political subdivisions; to provide for the effective operation of government during such an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of Governor; to provide for emergency interim succession to governmental offices of this state and its political subdivisions in the event of the incumbents thereof and their deputies, assistants or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of such offices hereinafter referred to as deputies, assistants, or otherwise, are unavailable to perform the duties and functions of such offices; and to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices in the event regular judges are unavailable.
W. Va. Code § 33-14-24 — WV Code / Chapter 33 / Article 14 / Section 24
§33-14-24. Same -- Entire contract.
Status: in_force

In group annuity contracts there shall be a provision specifying the document or documents which shall constitute the entire contract between parties. The document or documents so specified shall be only (a) the contract, (b) the contract together with the application of the holder of which a copy is attached thereto, or (c) the contract together with the application of the holder of which a copy is attached thereto, and the individual applications of annuitants on file with the insurer and referred to therein.
W. Va. Code § 46B-8-2 — WV Code / Chapter 46B / Article 8 / Section 2
§46B-8-2. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.
Status: in_force

(a) The Attorney General may bring a civil action to restrain a dealer or a person acting in his behalf from engaging in a course of:

(1) Making or enforcing unconscionable terms or provisions of rent-to-own transactions;

(2) Fraudulent or unconscionable conduct in inducing consumers to enter into rent-to-own transactions; or

(3) Fraudulent or unconscionable conduct in the collection of payments arising from rent-to-own transactions.

(b) In an action brought pursuant to this section the court may grant relief only if it finds:

(1) That the respondent has made unconscionable agreements or has engaged or is likely to engage in a course of fraudulent or unconscionable conduct;

(2) That the agreements or conduct of the respondent have caused or are likely to cause injury to consumers; and

(3) That the respondent has been able to cause or will be able to cause the injury primarily because the transactions involved are rent-to-own transactions.

(c) In applying this section, consideration shall be given to each of the following factors, among others:

(1) Belief by the dealer at the time rent-to-own transactions are made that there was no reasonable probability of payment in full of the obligation by the consumer;

(2) Knowledge by the dealer at the time of the sale of the inability of the consumer to receive substantial benefits from the transaction;

(3) Gross disparity between the price of the property or services sold that are the subject of the transaction and the value of the property measured by the price at which similar property are readily obtainable in rent-to-own transactions by like consumers;

(4) The fact that the dealer contracted for or received separate charges for insurance with respect to the goods with the effect of making the sales or loans, considered as a whole, unconscionable; and

(5) The fact that the respondent has knowingly taken advantage of the inability of the consumer reasonably to protect his interests by reason of physical or mental infirmities, ignorance, illiteracy or inability to understand the language of the agreement or similar factors.

(d) In an action brought pursuant to this chapter, a charge or practice expressly permitted by this chapter is not unconscionable.
W. Va. Code § 29-7-1 — WV Code / Chapter 29 / Article 7 / Section 1
§29-7-1. Appointment; qualifications; salary.
Status: in_force

There shall be a poet laureate of West Virginia, who shall be appointed by, and serve during the will and pleasure of the Governor. No person shall be eligible to such appointment who is not a resident of this state, and who has not written and published poems of recognized merit. The poet laureate shall receive an annual salary of $2,000, payable in equal quarterly installments.
W. Va. Code § 16-29A-23 — WV Code / Chapter 16 / Article 29A / Section 23
§16-29A-23. Financial interest in contracts prohibited; penalty.
Status: in_force

No officer, member or employee of the board or the authority shall be financially interested, directly or indirectly, in any contract of any person with the authority, or in the sale of any property, real or personal, to or from the authority. This section does not apply to contracts or purchases of property, real or personal, between the authority and any governmental agency. If any officer, member or employee of the board or the authority has such financial interest in a contract or sale of property prohibited hereby, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned in the county jail not more than one year, or both fined and imprisoned.