FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 56-4-47 — WV Code / Chapter 56 / Article 4 / Section 47
§56-4-47. Plea denying partnership; form of denial of corporate existence.
Status: in_force

Where plaintiffs or defendants sue or are sued as partners, and their names are set forth in the declaration or bill, or where a plaintiff or defendant sues or is sued as a corporation, it shall not be necessary to prove the fact of such partnership or the existence of such corporation, unless the pleading which puts the matter in issue be verified, or there be an affidavit filed therewith denying such partnership or the existence of such corporation. A plea putting in issue the existence of a corporation shall be sufficient if it be in form or effect as follows:

"And the said defendant for plea says that the plaintiff (or defendant, as the case may be) is not a corporation, as in the plaintiff's declaration is alleged."
W. Va. Code § 18-3-11 — WV Code / Chapter 18 / Article 3 / Section 11
§18-3-11. Classification of schools.
Status: in_force

The state superintendent shall classify all elementary and secondary schools on the basis of standards, rules and regulations established by the state board after publishing such standards, rules and regulations, and forwarding them to the district boards of education, county superintendents, and other school officers.
W. Va. Code § 61-2-14E — WV Code / Chapter 61 / Article 2 / Section 14E
§61-2-14e. One aiding or abetting in offense under §61-2-14, §61-2-14a, §61-2-14c or §61-2-14d guilty as principal; venue.
Status: in_force

If any person in any way knowingly aid or abet any other person in the commission of any offense described in section fourteen, fourteen-a, fourteen-c or fourteen-d of this article, either as accessory before or an accessory after the fact, such person so aiding and abetting shall be guilty as a principal in the commission of such offense and shall be punished in the same manner and to the same extent as is provided in said sections for the person who committed the offense. The venue of any offense committed in violation of the provisions of this section shall be as provided in section seven, article eleven of this chapter.
W. Va. Code § 31A-8F-3 — WV Code / Chapter 31A / Article 8F / Section 3
§31A-8F-3. General regulation authority; language; U.S. general accounting principles.
Status: in_force

(a) The commissioner is authorized and empowered to issue such rules and orders to perform his or her duties and functions under this article and to administer and carry out the provisions and purposes of this article and to prevent evasions thereof.

(b) It shall be required that all banks, including foreign banks, operating offices in this state use or make available on request the English language version of any customer contract or agreement when the customer is a United States corporation, citizen or resident. Upon demand of the commissioner of banking any bank or financial affiliate in West Virginia under the jurisdiction of the commissioner of banking shall provide at their own expense the translation of any document or record it holds into the English language. Unless otherwise provided for West Virginia licensed domestic banking institutions, all foreign banking offices licensed under the provisions of this article shall abide by U.S. general accounting principles in the maintenance of their financial records.
W. Va. Code § 31A-9-4 — WV Code / Chapter 31A / Article 9 / Section 4
§31A-9-4. Variation by agreement or amendment.
Status: in_force

(a) The effect of §31A-9-2 through §31A-9-6, §31A-9-8 through §31A-9-11, and §31A-9-14 of this code may not be varied by agreement, except as provided in those sections. Subject to subsection (b) of this section, the effect of §31A-9-7, §31A-9-12, and §31A-9-13 of this code may be varied by agreement.

(b) A provision in an account agreement or other record that substantially excuses liability or substantially limits remedies for failure to perform an obligation under this article is not sufficient to vary the effect of a provision of this article.

(c) If a beneficiary is a party to an account agreement, the bank and the depositor may amend the agreement without the consent of the beneficiary only if the agreement expressly permits the amendment.

(d) If a beneficiary is not a party to an account agreement and the bank and the depositor know the beneficiary has knowledge of the agreement's terms, the bank and the depositor may amend the agreement without the consent of the beneficiary only if the amendment does not adversely and materially affect a payment right of the beneficiary.

(e) If a beneficiary is not a party to an account agreement and the bank and the depositor do not know whether the beneficiary has knowledge of the agreement's terms, the bank and the depositor may amend the agreement without the consent of the beneficiary only if the amendment is made in good faith.
W. Va. Code § 60-6-1 — WV Code / Chapter 60 / Article 6 / Section 1
§60-6-1. When lawful to possess, use or serve alcoholic liquors.
Status: in_force

The provisions of this chapter may not prevent:

(1) A person from keeping and possessing alcoholic liquors in his or her residence for the personal use of himself or herself, his or her family, his or her employee, or his or her guests if the alcoholic liquors have been lawfully acquired by him or her;

(2) A person, his or her family, or employee from giving or serving such alcoholic liquors to guests in the residence, when the gift or service is not for the purpose of evading the provisions of this chapter;

(3) The holder of a winery or a farm winery license from serving samples of its wine on the winery or the farm winery premises; and

(4) The holder of a distillery, mini-distillery, or a micro-distillery license from serving samples of its alcoholic liquor on the distillery, mini-distillery, or micro-distillery premises.
W. Va. Code § 17A-3-14I — WV Code / Chapter 17A / Article 3 / Section 14I
§17A-3-14i. Manufacturing of certain special registration plates; rulemaking.
Status: in_force

(a) For all registration plates authorized pursuant to the provisions of §17A-3-14a, §17A-3-14b, §17A-3-14c, §17A-3-14d, §17A-3-14e, §17A-3-14f, §17A-3-14g, and §17A-3-14h, the division is not required to keep a stockpile of such plates, but may create a process for the issuance of such plates by special order.

(b) The division may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq . of this code to administer the issuance of all special registration plates authorized in this article.
W. Va. Code § 11-2-4 — WV Code / Chapter 11 / Article 2 / Section 4
§11-2-4. Apportionment of work.
Status: in_force

The assessor, after consulting with his deputies, shall apportion the work of assessing property for the purpose of taxation among his deputies and himself as nearly equal as possible to magisterial districts, and may, from year to year, make such changes in the apportionment of work as to him may seem proper.
W. Va. Code § 56-2-4 — WV Code / Chapter 56 / Article 2 / Section 4
§56-2-4. Motion on certain bonds.
Status: in_force

In the case of any bond taken by an officer, or given by a sheriff or constable, and returned to or filed in the office of the clerk of the county court of the county, or any bond or recognizance taken in a criminal case or proceeding, the circuit court of the county, or the court in which any such bond or recognizance is given, may, on motion of any person, or the state, as the case may be, give judgment for so much money as he or the state, is entitled, by virtue of such bond, to recover by action.
W. Va. Code § 11-6E-6 — WV Code / Chapter 11 / Article 6E / Section 6
§11-6E-6. Effective date.
Status: in_force

This article shall be effective on and after July 1, 1997.
W. Va. Code § 44-6-1 — WV Code / Chapter 44 / Article 6 / Section 1
§44-6-1. Fiduciaries to put money out at interest.
Status: in_force

(a) Executors, administrators, guardians, curators, committees or trustees may, by direction of the circuit court of the county, where they were appointed or qualified, put out at interest all moneys in their hands which they are or may be lawfully required to retain, whether it belongs to minors, legatees or other person or persons, upon security, and for the length of time, as the court will allow, and if the security so taken, bona fide and without fraud, proves insufficient, it is the loss of the beneficiaries entitled thereto; and it is the duty of the executors, administrators, guardians, curators, committees or trustees, in cases where the estates in their hands may be materially benefited thereby, to make application to the circuit court for direction, and in case they neglect so to do they are accountable for the interest that might have been made thereby; but if no person who may be willing to take the money at interest, giving the security, can be found by the executors, administrators, guardians, curators, committees or trustees, then the executors, administrators, guardians, curators, committees or trustees, in those cases, are accountable for the principal money only, until it can be put out at interest as aforesaid; but in any case where executors, administrators, guardians, curators, committees or trustees use the money of the estates which come to their hands, they are accountable not only for the principal, but also for the interest thereon.

(b) This section does not apply to a trust or a trustee.
W. Va. Code § 55-7F-10 — WV Code / Chapter 55 / Article 7F / Section 10
§55-7F-10. Failure to provide information; sanctions.
Status: in_force

A plaintiff who fails to provide all of the information required under this article is subject to sanctions as provided in the West Virginia Rules of Civil Procedure and any other relief for the defendants that the court considers just and proper.
W. Va. Code § 13-3-14 — WV Code / Chapter 13 / Article 3 / Section 14
§13-3-14. Authorizing the transfer and investment of funds raised by levy, sale of bonds or otherwise.
Status: in_force

Any funds of a political subdivision or of any of the agencies, boards, commission or departments of the State of West Virginia raised by levy, sale of bonds or otherwise and which cannot be used within a reasonable time may be transferred to the Municipal Bond Commission. Any funds so transferred shall be invested by the commission in accordance with the provisions of this article. Any such funds so transferred may be withdrawn by the public body which transferred the same as authorized by this article upon sixty days' notice in writing to the commission.
W. Va. Code § 19-11E-14 — WV Code / Chapter 19 / Article 11E / Section 14
§19-11E-14. Cooperation with other entities.
Status: in_force

The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, agencies of foreign governments, and private entities in order to carry out the purpose and provisions of this article.
W. Va. Code § 33-25B-3 — WV Code / Chapter 33 / Article 25B / Section 3
§33-25B-3. General powers.
Status: in_force

In order for a nonprofit corporation to participate in the program provided pursuant to this article, the nonprofit corporation must be organized and incorporated as a nonprofit corporation pursuant to the provisions of article one, section thirty-one of this code. The nonprofit corporation, in addition to all other lawful powers, shall have the power to provide counseling services to West Virginia families on the purchase of federally subsidized health insurance and to accept gifts, grants, or loans from and enter into contracts or other transactions with any federal or state agency, any municipality, any private organization or any other source as may be authorized by law.
W. Va. Code § 33-12C-19 — WV Code / Chapter 33 / Article 12C / Section 19
§33-12C-19. Violations.
Status: in_force

Whenever the commissioner believes, from evidence satisfactory to him or her, that a person is violating or about to violate the provisions of this article, the commissioner may cause a complaint to be filed in the circuit court of Kanawha County for restitution and to enjoin and restrain the person from continuing the violation or engaging in or doing any act in furtherance thereof. The court shall have jurisdiction of the proceeding and shall have the power to make and enter an order of judgment awarding such preliminary or final injunctive relief and restitution as in its judgment is proper.
W. Va. Code § 18B-10-4 — WV Code / Chapter 18B / Article 10 / Section 4
§18B-10-4. Medical education.
Status: in_force

The commission shall determine an appropriate portion of all tuition and fees paid by medical students enrolled for credit at the West Virginia University school of medicine, Marshall university school of medicine and the West Virginia school of osteopathic medicine to be used to support the health education student loan fund. The portion determined by the commission for this purpose shall be deposited into the health education student loan fund account in accordance with the provisions of article three, chapter eighteen-c of this code.
W. Va. Code § 61-2-14H — WV Code / Chapter 61 / Article 2 / Section 14H
§61-2-14h. Prohibition of purchase or sale of child; penalty; definitions; exceptions.
Status: in_force

(a) Any person or agency who knowingly offers, gives, or agrees to give to another person money, property, service, or other thing of value in consideration for the recipient’s locating, providing, or procuring a minor child for any purpose which entails a transfer of the legal or physical custody of the child, including, but not limited to, adoption or placement, is guilty of a felony and subject to fine and imprisonment as provided in this section.

(b) Any person who knowingly receives, accepts, or offers to accept money, property, service, or other thing of value to locate, provide or procure a minor child for any purpose which entails a transfer of the legal or physical custody of the child, including, but not limited to, adoption or placement, is guilty of a felony and subject to fine and imprisonment as provided in this section.

(c) Any person who violates the provisions of this section is guilty of a felony and, upon conviction thereof, may be confined in the state correctional facility for not less than one year nor more than 10 years or, in the discretion of the court, be confined in jail not more than one year and fined not less than $2,000 nor more than $10,000.

(d) A child whose parent, guardian, or custodian has sold or attempted to sell said child in violation of the provisions of §48-22-1 et seq . of this code may be deemed an abused child as defined by §49-1-201 of this code. The court may place such a child in the custody of the Department of Human Services or with another responsible person as dictated by the best interests of the child.

(e) This section does not prohibit the payment or receipt of the following:

(1) Fees paid for reasonable and customary services provided by the Department of Human Services or any licensed or duly authorized adoption or child-placing agency;

(2) Reasonable and customary legal, medical, hospital or other expenses incurred in connection with the pregnancy, birth, and adoption proceedings;

(3) Fees and expenses included in any agreement in which a woman agrees to become a surrogate mother; or

(4) Any fees or charges authorized by law or approved by a court in a proceeding relating to the placement plan, prospective placement, or placement of a minor child for adoption.

(f) At the final hearing on the adoption as provided in §48-22-1 et seq . of this code, an affidavit of any fees and expenses paid or promised by the adoptive parents shall be submitted to the court.
W. Va. Code § 10-2A-6 — WV Code / Chapter 10 / Article 2A / Section 6
§10-2A-6. Resolution for construction, etc., of establishment; notice and hearing.
Status: in_force

Before any board shall construct, acquire, improve, extend or equip any athletic establishment under this article, the board shall adopt a resolution which shall (a) set forth a brief general description of the athletic establishment, and if the same is to be constructed a reference to the preliminary report or plans and specifications which shall theretofore have been prepared; (b) set forth the estimated cost thereof; (c) order the construction, acquisition, extension, improvement or equipment of such establishment; (d) direct that revenue bonds of the county board of education be issued pursuant to this article; in such amount as may be found necessary to pay the costs of such athletic establishment; and (e) contain such other provisions as may be necessary or proper in the premises. Before such resolution shall become effective it, together with the following described notice, shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county in which such Board of Education is located. The notice shall specify a time and place for a public hearing, the time being not less than ten days after the first publication of said notice; at which time and place all parties and interests may appear before the board, and may be heard as to whether or not said resolution shall be put into effect. At such hearing all objections and suggestions shall be heard and the board shall take such action as it shall deem proper in the premises: Provided, however, That if at such hearing a written protest is filed by thirty percent or more of the owners of real estate situate in said county, then the board of Education shall not take further action unless four fifths of the members of said board assent thereto: And provided further, That in case written protest is filed purporting to have been signed by or on behalf of thirty percent or more of the owners of real estate in said county, the board shall have authority to appoint a subcommittee to consist of one proponent, one opponent and the third to be selected by these two, to determine whether or not thirty percent of the property owners have in fact protested, and said subcommittee shall report its findings to the board.
W. Va. Code § 47-18-12 — WV Code / Chapter 47 / Article 18 / Section 12
§47-18-12. Suspension of limitation period.
Status: in_force

Whenever any civil proceeding shall be commenced by the state to prevent, restrain or punish a violation of this article, the running of the statute of limitations in respect of every private right of action arising under this article and based in whole or in part on any matter complained of in said proceeding shall be suspended during the pendency thereof and for one year thereafter: Provided, That whenever the running of the statute of limitations in respect of a cause of action arising under section eight shall be suspended hereunder, any action to enforce such cause of action shall be forever barred unless commenced either within the period of suspension or within four years after the cause of action accrued, whichever is later.
W. Va. Code § 31C-6-1 — WV Code / Chapter 31C / Article 6 / Section 1
§31C-6-1. Share accounts and membership shares.
Status: in_force

(a) Share accounts and membership shares (if any) shall be subscribed to and paid for in such a manner as the bylaws prescribe.

(b) A corporate credit union may require its members to subscribe to and make payments on membership shares.

(c) The par value of shares and any membership shares shall be as prescribed in the bylaws. Par value of shares shall not be less than $1 nor more than $10 per share.

(d) Membership shares may not be pledged as security on any loan.

(e) A credit union may limit the number of shares which may be owned by a member, but any such limit shall apply alike to all members.
W. Va. Code § 11-10-13I — WV Code / Chapter 11 / Article 10 / Section 13I
§11-10-13i. Expense of levy and sale.
Status: in_force

The Tax Commissioner shall determine the expenses to be allowed in all cases of levy and sale under this article.
W. Va. Code § 30-39-20 — WV Code / Chapter 30 / Article 39 / Section 20
§30-39-20. Severability.
Status: in_force

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
W. Va. Code § 17-25-2 — WV Code / Chapter 17 / Article 25 / Section 2
§17-25-2. Definitions.
Status: in_force

(a) "Company" means an individual, partnership or corporation licensed under the laws of the State of West Virginia and engaged in any industrial business.

(b) "Industrial road" means a public road of ten miles or less in length which is vital to transporting of coal, or a road, which upon the designation of the commissioner, is determined to be vital to one or more companies.

(c) "Commissioner" means the commissioner of the department of highways.

(d) "Cost" means all funds needed to do engineering, right-of-way acquisition, construction or upgrading. Upgrading does not mean normal routine maintenance.

(e) "Department" means the department of highways.

(f) "Upgrading" means any work on a highway or bridge which is not routine maintenance.
W. Va. Code § 5F-1-5 — WV Code / Chapter 5F / Article 1 / Section 5
§5F-1-5. Online state phone directory.
Status: in_force

(a) Each agency listed in the online state phone directory shall update the employee information in the directory, as required by this section, or provide the Office of Technology the following information, unless it is determined by the submitting agency that publishing such information could cause safety concerns to the employee, reveal sensitive information that should not be provided to the public at large, or is detrimental to the service operations of the agency:

(1) Employee name and job title;

(2) Office location and mailing address, including name of city and zip code;

(3) Office telephone number, including extension;

(4) Electronic mail address; and

(5) Mobile telephone number, if used as referred to in §5F-1-5(e) of this code.

(b) The agency shall provide the Office of Technology written justification if the agency does not wish to provide the required information pursuant to §5F-1-5(a) of this code.

(c) Each agency listed in the online state phone directory shall update the online state phone directory information within 30 days after personnel action or event that would require the agency to add, modify, or delete information from the directory, or the agency shall provide that information to the Office of Technology.

(d) The Office of Technology shall, within 30 days of receipt of updated employee information from an agency, make the requested changes to the online state phone directory.

(e) Beginning with the effective date of this amendment, each agency listed in the online state phone directory shall update the employee information in the directory to include the information required in §5F-1-5(a) of this code for any official or employee who either has a mobile telephone furnished by his or her employer, or uses his or her private mobile telephone during his or her employment with the state and the service is paid by the employer: Provided , That this information shall also be listed on the website of each agency.