FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 44D-3-304 — WV Code / Chapter 44D / Article 3 / Section 304
§44D-3-304. Representation by person having substantially identical interest.
Status: in_force

Unless otherwise represented, a minor, incapacitated or unborn individual, or a person whose identity or location is unknown and not reasonably ascertainable, may be represented by and bound by another person having a substantially identical interest with respect to the particular question or dispute, but only to the extent there is no conflict of interest with respect to the particular question or dispute between the representative and the person represented.
W. Va. Code § 17-3A-6 — WV Code / Chapter 17 / Article 3A / Section 6
§17-3A-6. Annual audit to be made of receipts and expenditures of fund.
Status: in_force

The Legislature, acting through the Joint Committee on Government and Finance, shall cause an annual audit to be made by a resident independent certified public accountant of all books, accounts and records relating to all receipts and expenditures of the fund. The commissioner shall make available to the independent Auditor or Auditors performing the audit all of the division's books, accounts and records pertaining to all moneys received and expended. The Auditor or Auditors performing the audit shall make available annually the audit report with copies thereof to the members of the Legislature, the Governor, the commissioner of the Division of Highways, the Secretary of State, the State Treasurer, the Attorney General and the State Auditor. The audit report shall be available to the public in the office of the Secretary of State.

The Legislature, acting through the Joint Committee on Government and Finance, shall obtain the services of a resident independent certified public accountant for this purpose, the cost of which shall be payable out of funds appropriated by the Legislature. Any audits of the funds which have been made by any official auditing agency of the United States government shall be accepted in lieu of the state audit.
W. Va. Code § 5A-1-11 — WV Code / Chapter 5A / Article 1 / Section 11
§5A-1-11. State of West Virginia Equal Opportunity Coordinator.
Status: in_force

(a) There is continued within the Department of Administration the position of the State Equal Opportunity Coordinator, who shall be appointed by the Secretary of the Department of Administration.

(b) The coordinator must be an employee of the Department of Administration and possess an in-depth working knowledge of the federal Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, The Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1977, Sections 102 and 103 of the Civil Rights Act of 1991, Sections 501 and 505 of the Rehabilitation Act of 1973, and the Genetic Information Nondiscrimination Act of 2008. The coordinator shall also have an in-depth working knowledge of the challenges facing West Virginians covered under these Acts.

(c) The coordinator shall:

(1) Advise the Director of Personnel in the development of comprehensive policies and programs for the development, implementation, and monitoring of a statewide program to assure compliance with 42 U.S.C. §12101, et seq ., the federal Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, The Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1977, Sections 102 and 103 of the Civil Rights Act of 1991, Sections 501 and 505 of the Rehabilitation Act of 1973, and the Genetic Information Nondiscrimination Act of 2008;

(2) Assist in the formulation of rules and standards relating to the review, investigation, and resolution of complaints of discrimination in employment, education, housing, and public accommodation;

(3) Consult and collaborate with state and federal agency officials to develop compliance programs;

(4) Consult, train, and collaborate with, state agencies and state employees on the federal Equal Employment Opportunity Act, Americans with Disabilities Act, and related issues;

(5) Represent the state on local, state, and national committees and panels related to the Americans with Disabilities Act and the Equal Employment Opportunity Act;

(6) Advise the Governor and agency heads on federal Americans with Disabilities Act and Equal Employment Opportunity Act issues;

(7) Consult with state agencies on the hiring and employment of persons with disabilities; and

(8) Be available to inspect and advise the Real Estate Division, General Services Division, and the Purchasing Division on physical properties owned or leased by the State of West Virginia for compliance with 42 U.S.C. §12101, et seq ., the federal Americans with Disabilities Act.
W. Va. Code § 62-2-7 — WV Code / Chapter 62 / Article 2 / Section 7
§62-2-7. Proof of possession of or title to property.
Status: in_force

In a prosecution for an offense committed upon or relating to or affecting real estate, or for stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing, any personal estate, it shall be sufficient to prove that when the offense was committed, the actual or constructive possession, or a general or special property in the whole or any part of such estate, was in the person or community alleged in the indictment or other accusation to be the owner thereof.
W. Va. Code § 19-36-5 — WV Code / Chapter 19 / Article 36 / Section 5
§19-36-5. Maintenance of property status for certain purposes; exceptions.
Status: in_force

(a) Notwithstanding any provision of this code to the contrary, the occurrence of agritourism does not change the nature or use of property that otherwise qualifies as agricultural for building code, zoning, or property tax classification purposes.

(b) An agritourism business may use certain of its facilities for occasional events without complying with building and fire codes applicable to structures used for such purposes on a full-time basis if such facilities are deemed structurally sound and otherwise safe for the intended use.
W. Va. Code § 17C-3-1 — WV Code / Chapter 17C / Article 3 / Section 1
§17C-3-1. Adoption of manual and specifications for uniform system of traffic-control devices.
Status: in_force

The state road commission shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with the provisions of this chapter for use upon highways within this state. Such uniform system shall correlate with and so far as possible conform to the system then current as approved by the American association of state highway officials.
W. Va. Code § 17C-1-18 — WV Code / Chapter 17C / Article 1 / Section 18
§17C-1-18. Pneumatic tire.
Status: in_force

"Pneumatic tire" means every tire in which compressed air is designed to support the load.
W. Va. Code § 5B-7-4 — WV Code / Chapter 5B / Article 7 / Section 4
§5B-7-4. Reallocation of volume cap.
Status: in_force

(a) The Economic Development Authority shall reallocate volume cap that has been waived pursuant to this article. The authority may reallocate the volume cap to the state, state agencies, counties, municipalities or any other political subdivisions or any other eligible issuer authorized to issue recovery zone bonds pursuant to Section 5.04 of Internal Revenue Service Notice 2009-50.

(b) As soon as reasonably possible after the effective date of this section the authority shall adopt a procedure for the solicitation and receipt of applications, on a form and in a manner prescribed by the authority, for eligible issuers seeking reallocated volume cap.

(c) Within ninety days of receipt of written notice from the Governor the authority shall reallocate any amount of volume cap waived by a county pursuant to this article. The authority shall provide written notice of any reallocation to the entity receiving the reallocation.
W. Va. Code § 17-17-7 — WV Code / Chapter 17 / Article 17 / Section 7
§17-17-7. Purchase, construction or repair of toll bridge.
Status: in_force

When it is necessary to build or repair a toll bridge on any county-district road, or to purchase any existing toll bridge on such road within any county, or across the boundary thereof, the county court of the county may contract for the same, or any part thereof, on such terms as may be agreed upon, and take bond and security from the contractors in the sum of fifty percent of the amount of such contract, and pay for the same out of the county road fund or out of the road funds of the district or districts in which such improvement is located, or by issuing bonds for the amount that may be agreed upon; and to this end the court shall appoint a competent engineer to make a thorough investigation and estimate of the cost of such improvement. Upon receiving the estimate of cost, the court, if satisfied with the correctness of same and the necessity and importance of such improvement, may advertise for and receive proposals and make such other orders in the premises from time to time as shall be necessary and proper.
W. Va. Code § 19-12D-6 — WV Code / Chapter 19 / Article 12D / Section 6
§19-12D-6. Quarantines.
Status: in_force

When a plant is declared to be noxious under section five of this article, the commissioner shall, subsequent to the declaration of a quarantine, limit the application of rules and regulations pertinent to such quarantine to the infested portion of the state and appropriate environs, which would be known as the regulated area and may, without further hearing, extend the regulated area to include additional portions of the state upon publication of a notice to that effect in a newspaper distributed in the extended area or by direct written notice to those concerned.
W. Va. Code § 15-1A-2 — WV Code / Chapter 15 / Article 1A / Section 2
§15-1A-2. Appointment; qualifications; bond.
Status: in_force

The Adjutant General shall be appointed by the Governor, by and with the advice and consent of the Senate, for a term of four years. He or she shall have the rank of major general, or such other rank as is recognized by federal authority. No person may be appointed Adjutant General unless he or she has had at least six years' commissioned service and attained field grade or higher rank in the organized militia of this or some other state or in the Armed Forces of the United States, or in all combined. The Governor shall require the Adjutant General to furnish bond as required by law, which bond shall be filed with the Auditor of the state.
W. Va. Code § 55-4-18 — WV Code / Chapter 55 / Article 4 / Section 18
§55-4-18. Verdict as to premises.
Status: in_force

When the right of the plaintiff is proved to all the premises claimed, the verdict shall be for the premises generally, as specified in the declaration; but if it be proved to only a part or share of the premises, the verdict shall specify such part particularly as the same is proved, and with the same certainty of description as is required in the declaration. If the verdict be for an undivided share or interest in the premises claimed, it shall specify the same; and if for an undivided share or interest of a part of the premises, it shall specify such share or interest, and describe such part as before required. The verdict shall also specify the estate found in the plaintiff, whether it be in fee or for life, stating for whose life, or whether it be a term of years, and specifying the duration of such term.
W. Va. Code § 48-20-304 — WV Code / Chapter 48 / Article 20 / Section 304
§48-20-304. Temporary visitation.
Status: in_force

(a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:

(1) A visitation schedule made by a court of another state; or

(2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.

(b) If a court of this state makes an order under subdivision (2), subsection (a) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in part 2 of this article. The order remains in effect until an order is obtained from the other court or the period expires.
W. Va. Code § 22A-2-71 — WV Code / Chapter 22A / Article 2 / Section 71
§22A-2-71. Right of miner to refuse to operate unsafe equipment; procedure; discrimination.
Status: in_force

No miner shall be required to operate unsafe equipment. On or before January 1, 1981, the Board of Coal Mine Health and Safety shall by rule or regulation establish a procedure for resolving disputes arising out of the refusal by a miner to operate such alleged unsafe equipment. No action shall be taken against a miner by an operator unless such miner is found to have acted in bad faith and without good cause by the director or his authorized representative.
W. Va. Code § 33-16B-3 — WV Code / Chapter 33 / Article 16B / Section 3
§33-16B-3. Exceptions.
Status: in_force

This article does not apply to policies issued to group accident and health insurance plans upon which premiums are negotiated with the group policyholder and are experienced rated.
W. Va. Code § 31B-13-1304 — WV Code / Chapter 31B / Article 13 / Section 1304
§31B-13-1304. Duty of licensing board.
Status: in_force

The licensing board for each of the professions authorized to form professional limited liability companies under this article shall propose legislative rules for promulgation, in accordance with the provisions of article three, chapter twenty-nine-a of this code, providing for the implementation of this article and the procedures for the formation and approval of professional limited liability companies for the particular profession under the jurisdiction of such licensing board. The rules of each licensing board shall permit the formation and approval of professional limited liability companies with members from different professions.
W. Va. Code § 29-12A-1 — WV Code / Chapter 29 / Article 12A / Section 1
§29-12A-1. Short title; purposes.
Status: in_force

This article shall be known and may be cited as "The Governmental Tort Claims and Insurance Reform Act."

Its purposes are to limit liability of political subdivisions and provide immunity to political subdivisions in certain instances and to regulate the costs and coverage of insurance available to political subdivisions for such liability.
W. Va. Code § 31G-1A-6 — WV Code / Chapter 31G / Article 1A / Section 6
§31G-1A-6. Legislative rule-making authority.
Status: in_force

In order to implement and carry out the intent of this article, the Secretary of the Department of Commerce may propose rules for legislative approval pursuant to the provisions of §29A-3-1 et seq . of this code.
W. Va. Code § 16-54-1 — WV Code / Chapter 16 / Article 54 / Section 1
§16-54-1. Definitions.
Status: in_force

As used in this section:

"Acute pain" means a time limited pain caused by a specific disease or injury.

"Chronic pain" means a noncancer, nonend of life pain lasting more than three months or longer than the duration of normal tissue healing.

"Health care practitioner" or "practitioner" means:

(1) A physician authorized pursuant to the provisions of §30-3-1 et seq. and §30-14-1 et seq. of this code;

(2) A podiatrist licensed pursuant to the provisions of §30-3-1 et seq. of this code;

(3) A physician assistant with prescriptive authority as set forth in §30-3E-3 of this code;

(4) An advanced practice registered nurse with prescriptive authority as set forth in §30-7-15a of this code;

(5) A dentist licensed pursuant to the provisions of §30-4-1 et seq. of this code;

(6) An optometrist licensed pursuant to the provisions of §30-8-1 et seq. of this code;

(7) A physical therapist licensed pursuant to the provisions of §30-20-1 et seq. of this code;

(8) An occupational therapist licensed pursuant to the provisions of §30-28-1 et seq. of this code;

(9) An osteopathic physician licensed pursuant to the provisions of §30-14-1 et seq. of this code; and

(10) A chiropractor licensed pursuant to the provisions of §30-16-1 et seq. of this code.

"Insurance provider" means an entity that is regulated under the provisions of §33-15-1 et seq., §33-16-1 et seq., §33-24-1 et seq., §33-25-1 et seq. and §33-25A-1 et seq. of this code.

"Office" means the Office of Drug Control Policy.

"Pain clinic" means the same as that term is defined in §16-5H-2 of this code.

"Pain specialist" means a practitioner who is board certified in pain management or a related field.

"Prescribe" means the advisement of a physician or other licensed practitioner to a patient for a course of treatment. It can include but is not limited to medication, services, supplies, equipment, procedures, diagnostic tests, or screening as permitted by the physician or other licensed practitioner’s scope of practice.

"Referral" means the recommendation by a person to another person for the purpose of initiating care by a health care practitioner.

"Schedule II opioid drug" means an opioid drug listed in §60A-2-206 of this code.

"Surgical procedure" means a medical procedure involving an incision with instruments performed to repair damage or arrest disease in a living body.
W. Va. Code § 11-13J-2 — WV Code / Chapter 11 / Article 13J / Section 2
§11-13J-2. Legislative finding and purpose.
Status: in_force

It is the finding of the Legislature that community-based organizations can be a powerful force in community development. However, in West Virginia their effectiveness has historically been weakened by meager resources. Private corporations and individuals in West Virginia possess the resources to aid community-based organizations in their efforts to assist neighborhoods and communities. Due to the lack of clear incentives, the private and not-for-profit sectors have often not taken advantage of opportunities to collaborate with community-based organizations to the full extent possible by investment and participation in local programs.

Therefore, the neighborhood investment program act is hereby enacted with the intent that it provide incentives for contributions to qualifying charitable projects. It is the intent of the Legislature that this act encourage private sector businesses and individuals to contribute capital to community-based organizations which establish projects to assist neighborhoods and local communities through such services as health care, counseling, emergency assistance, crime prevention, education, housing, job training and physical and environmental improvements.
W. Va. Code § 61-7B-4 — WV Code / Chapter 61 / Article 7B / Section 4
§61-7B-4. Federal commandeering prohibited.
Status: in_force

No agency of this state, political subdivision of this state, or employee of an agency, or political subdivision of this state, acting in his or her official capacity, may be commandeered by the United States government under an executive order or action of the President of the United States or under an act of the Congress of the United States. Federal commandeering of West Virginia law-enforcement for purposes of enforcement of federal firearms laws is prohibited.
W. Va. Code § 8-29-18 — WV Code / Chapter 8 / Article 29 / Section 18
§8-29-18. Dissolution of authority; disposition of assets after payment of debts.
Status: in_force

PART V. DISSOLUTION OF AUTHORITIES; WORKMEN'S

COMPENSATION; CONSTRUCTION.

In the event full and adequate provision is made for the payment of all of the debts of an authority, the participating municipalities or counties or any combination thereof which have contributed at least sixty percent of the total value of all moneys and property (the value of which property is determined as specified in section four of this article) contributed to the authority by the participating municipalities and counties may by resolution provide for the dissolution of the authority and for (1) the conveyance of the real and tangible personal property contributed to it to those participating municipalities and counties which contributed the same, (2) equitable distribution among the contributing municipalities and counties of any real and tangible personal property purchased or condemned by the authority or of the proceeds of sale thereof, or the fair value thereof, and (3) the equitable distribution of all moneys on hand to the participating municipalities and counties in direct proportion to the contribution of moneys by them.
W. Va. Code § 11-6F-3 — WV Code / Chapter 11 / Article 6F / Section 3
§11-6F-3. Tax treatment of certified capital addition property.
Status: in_force

Notwithstanding any other provisions of law, the value of certified capital addition property, for purposes of ad valorem property taxation under this chapter, is its salvage value, which for purposes of this article is five percent of the certified capital addition property's original cost. For capital additions certified on or after July 1, 2011, the value of the land before any improvements shall be subtracted from the value of the capital addition and the unimproved land value shall not be given salvage value treatment.
W. Va. Code § 33-15A-11 — WV Code / Chapter 33 / Article 15A / Section 11
§33-15A-11. Penalties.
Status: in_force

In addition to any other penalties provided by the laws of this state, any insurer and any agent found to have violated any requirement of this state relating to the regulation of long-term care insurance or the marketing of such insurance shall be subject to a fine of up to three times the amount of any commissions paid for each policy involved in the violation or up to $10,000, whichever is greater.
W. Va. Code § 22-33-3 — WV Code / Chapter 22 / Article 33 / Section 3
§22-33-3. Applicability; exceptions.
Status: in_force

The provisions of this article shall apply to geothermal resources at temperatures and volumetric flow rates established by the secretary by legislative rule: Provided , That this article shall not apply to geothermal heating and cooling heat pump systems for private residential dwellings and farm buildings and any geothermal system regulated pursuant to section 10 of the Bureau of Public Heath legislative rule for Water Well Design Standards, 64 CSR 46 or any horizontal system with a depth of less than 30 feet.
W. Va. Code § 16A-13-5 — WV Code / Chapter 16A / Article 13 / Section 5
§16A-13-5. Requirements.
Status: in_force

(a) Dispensing. — A health care medical cannabis organization that dispenses medical cannabis shall:

(1) Maintain licensure with the bureau.

(2) Secure the medical cannabis within the associated pharmacies of the health care medical cannabis organization in a manner and method prescribed by the bureau.

(3) Keep a daily log of the medical cannabis dispensed and the research study with which the patient and the medical cannabis are associated. Reports shall be delivered to the bureau and the university participating in the research study on a weekly basis.

(4) Report the utilization rates of those patients participating in the research of medical cannabis and treatment options.

(5) Only dispense medical cannabis received from a grower, processor or a health care medical cannabis organization that is approved to grow and process medical cannabis.

(6) Provide all patients or caregivers with the safety insert, prepared by the bureau, which includes potential dangers, recognition and correction of problematic dosage and any other information required by the bureau or which the bureau deems relevant for patient safety.

(b) Growing and processing. — A health care medical cannabis organization that grows and processes medical cannabis shall:

(1) Maintain licensure with the bureau.

(2) Only make available medical cannabis to health care medical cannabis organizations that dispense medical cannabis.

(3) Keep a daily log of medical cannabis intended for ultimate use by patients participating in a research study.