FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 39B-2-106 — WV Code / Chapter 39B / Article 2 / Section 106
§39B-2-106. Stocks and bonds.
Status: in_force

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:

(1) Buy, sell and exchange stocks and bonds;

(2) Establish, continue, modify or terminate an account with respect to stocks and bonds;

(3) Pledge stocks and bonds as security to borrow, pay, renew or extend the time of payment of a debt of the principal;

(4) Receive certificates and other evidences of ownership with respect to stocks and bonds; and

(5) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts and consent to limitations on the right to vote.
W. Va. Code § 20-5K-2 — WV Code / Chapter 20 / Article 5K / Section 2
§20-5K-2. Definitions.
Status: in_force

Unless the context clearly requires a different meaning, as used in this article the terms:

(a) "Commercial infectious medical waste facility" means any infectious medical waste management facility at which thirty-five percent or more by weight of the total infectious medical waste stored, treated or disposed of by the facility in any calendar year is generated off-site.

(b) "Infectious medical waste" means medical waste identified as capable of producing an infectious disease. Medical waste shall be considered capable of producing an infectious disease if it has been, or is likely to have been, contaminated by an organism likely to be pathogenic to healthy humans, if such organism is not routinely and freely available in the community, and such organism has a significant probability of being present in sufficient quantities and with sufficient virulence to transmit disease. For the purposes of this article, infectious medical waste includes the following:

(1) Cultures and stocks of microorganisms and biologicals;

(2) Blood and blood products;

(3) Pathological wastes;

(4) Sharps;

(5) Animal carcasses, body parts, bedding and related wastes;

(6) Isolation wastes;

(7) Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill of any infectious medical waste; and

(8) Any waste contaminated by or mixed with infectious medical waste.

(c) "Off-site" means a facility or area for the collection, storage, transfer, processing, treatment or disposal of infectious medical waste that is not on the generator's site, or a facility or area that received infectious medical waste for storage or treatment that has not been generated on-site.

(d) "Secretary" means the Secretary of the Department of Health or his or her designee.
W. Va. Code § 19-37-2 — WV Code / Chapter 19 / Article 37 / Section 2
§19-37-2. State-funded institutions to purchase food from in-state sources; exception.
Status: in_force

(a) Beginning July 1, 2019, each state-funded institution, including, but not limited to, schools, colleges, correctional facilities, governmental agencies, and state parks, shall obtain a minimum of five percent of its food from in-state producers.

(b) To satisfy this requirement, state-funded institutions may purchase, either directly or indirectly fresh produce, meat and poultry products, milk and other dairy products, and other foods grown, produced, or processed by in-state producers.

(c) The commissioner shall establish by legislative rules the criteria for a food or food product to satisfy the requirements of this section, and may further identify food and food products that are eligible to be considered for in-state food credit.

(d) The commissioner shall further establish the criteria for determining when exceptions or exemptions should be granted to state institutions, including, but not limited to, situations in which the desired food, such as produce, meat and poultry products, milk and other dairy products, cannot be grown or is not available from in-state producers.

(e) The state-funded institution shall ensure that all contracts for the purchase of food, or that include the purchase of food as a component of the contract, contain provisions to ensure that the institution complies with the provisions of this article and any legislative rule promulgated pursuant thereto.
W. Va. Code § 17-2A-8A — WV Code / Chapter 17 / Article 2A / Section 8A
§17-2A-8a. Authority to employ expert witnesses in eminent domain proceedings; compensation.
Status: in_force

Notwithstanding any law to the contrary, the commissioner may employ as witnesses to testify in eminent domain proceedings such persons who are qualified to give competent testimony as to the value of the property, or estate, right or interest therein, being condemned in an eminent domain proceeding, as he deems necessary. Each such person so employed shall receive for his services the sum agreed upon in a written contract signed by the commissioner and such person. The sum contracted to be paid, however, shall not be made contingent upon the outcome of the action or hearing in which the competent testimony is to be given.
W. Va. Code § 7-14B-16 — WV Code / Chapter 7 / Article 14B / Section 16
§7-14B-16. Training and retraining programs for all correctional officers required.
Status: in_force

(a) The civil service commission of any such county shall establish or prescribe a training program which every correctional officer first appointed a correctional officer of such county on or after the effective date of this article must satisfactorily complete during his probationary period.

(b) The civil service commission of any such county shall also establish or prescribe retraining programs of at least sixteen hours which every correctional officer, whether such correctional officer was first appointed before or after the effective date of this article, must satisfactorily complete annually after the effective date of this article, in order to continue as a correctional officer of such county.
W. Va. Code § 38-6-9 — WV Code / Chapter 38 / Article 6 / Section 9
§38-6-9. Levy on additional property.
Status: in_force

If the property levied upon as aforesaid be not sufficient to pay the plaintiff's debt, interest and costs, and the fees and commissions of the officer, the execution or warrant, while in force, may be levied upon other property, if any be found, or a new execution may be sued out, upon the return of the former, for the residue of the debt, interest and costs. But such execution shall not be levied upon the property mentioned in the forthcoming bond without the consent of the persons liable therein.
W. Va. Code § 48-1-212 — WV Code / Chapter 48 / Article 1 / Section 212
§48-1-212. Clergy defined.
Status: in_force

"Clergy" includes a minister, priest, rabbi or other clergy who has qualified as such before the county commission or the clerk of the county commission as provided for in section 2-402 of this chapter.
W. Va. Code § 31E-14-1402 — WV Code / Chapter 31E / Article 14 / Section 1402
§31E-14-1402. Consequences of conducting affairs without authority.
Status: in_force

(a) A foreign corporation conducting affairs in this state without a certificate of authority may not maintain a proceeding in any circuit court in this state until it obtains a certificate of authority.

(b) The successor to a foreign corporation that conducted affairs in this state without a certificate of authority and the assignee of a cause of action arising out of that business may not maintain a proceeding based on that cause of action in any circuit court in this state until the foreign corporation or its successor obtains a certificate of authority.

(c) A circuit court may stay a proceeding commenced by a foreign corporation, its successor, or assignee until it determines whether the foreign corporation or its successor requires a certificate of authority. If it so determines, the circuit court may further stay the proceeding until the foreign corporation or its successor obtains the certificate.

(d) A foreign corporation which conducts affairs or does or transacts business in this state without a certificate of authority is liable to this state, for the years or parts of years during which it conducted affairs or did or transacted business in this state without a certificate of authority in an amount equal to all fees and taxes which would have been imposed by this chapter, or by any other provision of this code, upon the corporation had it duly applied for and received a certificate of authority to conduct affairs or do or transact business in this state as required by this article and had filed all reports, statements or returns required by this chapter or by any other chapter of this code, plus all penalties imposed for failure to pay any fees and taxes.

(e) Notwithstanding subsections (a) and (b) of this section, the failure of a foreign corporation to obtain a certificate of authority does not impair the validity of its corporate acts or prevent it from defending any proceeding in this state.

(f) A foreign corporation conducting affairs in this state without a certificate of authority is conclusively presumed to have appointed the Secretary of State as its attorney-in-fact to accept service of process and notice on behalf of the foreign corporation as provided in subsection (d), section one thousand four hundred ten of this article.
W. Va. Code § 16-30C-11 — WV Code / Chapter 16 / Article 30C / Section 11
§16-30C-11. Interinstitutional transfers.
Status: in_force

If a person with a do-not-resuscitate order is transferred from one health care facility to another health care facility, the health care facility initiating the transfer shall communicate the existence of a do-not-resuscitate order to the receiving facility prior to the transfer. The written do-not-resuscitate order, the do-not-resuscitate card as described in section six of this article or the physician orders for scope of treatment form shall accompany the person to the health care facility receiving the person and shall remain effective until a physician at the receiving facility issues admission orders. The do-not-resuscitate card or the physician orders for scope of treatment form shall be kept as the first page in the person's transfer records.
W. Va. Code § 8A-8-2 — WV Code / Chapter 8A / Article 8 / Section 2
§8A-8-2. Continuation of established boards of zoning appeals.
Status: repealed

A board of zoning appeals established prior to the effective date of this chapter shall continue to operate as though established under the terms of this chapter. All actions lawfully taken under prior acts are hereby validated and continued in effect until amended or repealed by action taken under the authority of this chapter.
W. Va. Code § 46A-6D-5 — WV Code / Chapter 46A / Article 6D / Section 5
§46A-6D-5. Representation of being specially selected.
Status: in_force

(a) A person may not represent that another person has been specially selected in connection with the sale or lease or solicitation for sale or lease of goods, property or service, unless the selection process is designed to reach a particular type or types of persons.

(b) The use of any language that may lead a reasonable person to believe he has been specially selected, including, but not limited to, "Carefully Selected", or "You have been selected to receive", or "You have been chosen", is a representation of the type governed by this section.
W. Va. Code § 37B-2-2 — WV Code / Chapter 37B / Article 2 / Section 2
§37B-2-2. Relationship between unknown and unlocatable interest provisions and unclaimed property provisions.
Status: in_force

The provisions of this article shall be read in conjunction and not in conflict with the provisions of the West Virginia Uniform Unclaimed Property Act in §36-8-1 et seq. of this code.
W. Va. Code § 8-1-9 — WV Code / Chapter 8 / Article 1 / Section 9
§8-1-9. Reporting of fraud and misappropriations of funds.
Status: in_force

(a) Whenever a governing body for a municipality, or any of a municipality’s boards, committees, or any other entities of any kind or nature authorized in this chapter, obtains information that an employee, officer, or member of the municipality, or any of a municipality’s boards, committees, or any other entities of any kind or nature authorized in this chapter may have misappropriated funds, engaged in fraud, or otherwise violated a law relating to the public trust, the governing body for a municipality, or the municipality’s board, committee, or other entity authorized in this chapter shall timely report that information or allegation in writing to the county prosecutor’s office, the Legislature’s Commission on Special Investigations and the State Auditor.

(b) The reporting of the information under subsection (a) of this section does not prevent, relieve or replace a report to a law-enforcement agency, if appropriate or warranted.
W. Va. Code § 33-25-8A — WV Code / Chapter 33 / Article 25 / Section 8A
§33-25-8a. Third party reimbursement for mammography or pap smear or human papilloma virus testing.
Status: in_force

(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, whenever reimbursement or indemnity for laboratory or X-ray services are covered, reimbursement or indemnification shall not be denied for any of the following when performed for cancer screening or diagnostic purposes, at the direction of a person licensed to practice medicine and surgery by the Board of Medicine:

(1) Mammograms when medically appropriate and consistent with the current guidelines from the United States Preventive Services Task Force;

(2) A pap smear, either conventional or liquid-based cytology, whichever is medically appropriate and consistent with the current guidelines from either the United States Preventive Services Task Force or The American College of Obstetricians and Gynecologists, for women age eighteen or over; and

(3) A test for the human papilloma virus (HPV)for women age eighteen or over, when medically appropriate and consistent with the current guidelines from either the United States Preventive Services Task Force or The American College of Obstetricians and Gynecologists for women age eighteen and over.

(b) A policy, provision, contract, plan or agreement may apply to mammograms, pap smears or human papilloma virus (HPV) test the same deductibles, coinsurance and other limitations as apply to other covered services.
W. Va. Code § 5E-1-20 — WV Code / Chapter 5E / Article 1 / Section 20
§5E-1-20. Limitation on financial institutions.
Status: in_force

Not more than forty-nine percent of the total capital base of any capital company which is not a small business investment company may be owned by banks, savings and loan associations, savings banks or other financial institutions, or any affiliate thereof, as investors. No officer, employee or director of any such financial institution may vote as a member of the board of any capital company formed under the provisions of this article if the matter being voted upon affects the financial institution for which the board member serves as an officer, employee or director.
W. Va. Code § 30-39-13 — WV Code / Chapter 30 / Article 39 / Section 13
§30-39-13. Required records.
Status: in_force

(a) An athlete agent shall retain the following records for a period of five years:

(1) The name and address of each individual represented by the athlete agent;

(2) Any agency contract entered into by the athlete agent; and

(3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.

(b) Records required by subsection (a) of this article to be retained are open to inspection by the Secretary of State during normal business hours.
W. Va. Code § 47-1-22 — WV Code / Chapter 47 / Article 1 / Section 22
§47-1-22. Civil penalties.
Status: in_force

(a) No person may:

(1) Use or have in possession for use in commerce any incorrect weight or measure;

(2) Sell or offer for sale for use in commerce any incorrect weight or measure;

(3) Remove any tag, seal, or mark from any weight or measure, without specific authorization from the Weights and Measures Section; or

(4) Violate any provisions of this article or rules promulgated under it, not defined in §47-1-23(a) of this code.

(b) Any person who violates subsection (a) of this section or any rule promulgated by the commissioner may be assessed a civil penalty by the commissioner, which penalty may not be more than $1,000 for each violation. Each violation shall constitute a separate offense. In determining the amount of the penalty, the commissioner shall consider the person’s history of previous violations, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation and the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of a violation.

(c) All civil penalties paid pursuant to this section shall be paid to the Commissioner of Labor and deposited in the Weights and Measures Fund for use by the commissioner for the implementation and enforcement of this article. Through June 30, 2019, amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations: Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations.

(d) A civil penalty may be assessed by the commissioner only after the commissioner has given at least ten days’ notice to the person. Notice shall be in writing, shall contain a short, plain statement of the matter asserted and shall designate a time and place for a hearing where the person may show cause why the civil penalty should not be imposed. Notice of hearing shall be sent by certified mail. The person may, at the time designated for the hearing, produce evidence on his or her behalf and be represented by counsel.

(e) Any person aggrieved by a decision of the commissioner has the right to a contested case hearing under §29A-5-1 et seq. of this code.
W. Va. Code § 19-20-23 — WV Code / Chapter 19 / Article 20 / Section 23
§19-20-23. Prohibition of the use of impounded dogs and cats.
Status: in_force

On and after September 1, 1989, any dog or cat impounded under the provisions of this article may not be sold, given, transferred or otherwise made available directly or indirectly to any person, institution, corporation or other entity for use in educational or scientific research or related activities. Disposition of impounded dogs or cats may only be by adoption as pets or humanely destroyed. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $450 nor more than $2,000.
W. Va. Code § 46-9-701 — WV Code / Chapter 46 / Article 9 / Section 701
§46-9-701. Effective date.
Status: in_force

Part 7. Transition.

This article takes effect on July 1, 2001.
W. Va. Code § 22-27-7 — WV Code / Chapter 22 / Article 27 / Section 7
§22-27-7. Permits and zoning.
Status: in_force

Nothing in this article may be construed as waiving any existing permit requirements or waiving any local zoning requirements.
W. Va. Code § 21A-5-1 — WV Code / Chapter 21A / Article 5 / Section 1
§21A-5-1. Employer coverage.
Status: in_force

An employing unit which is or becomes an employer subject to this chapter during any year shall be subject to the provisions of the chapter for the whole of the year.
W. Va. Code § 62-3-17 — WV Code / Chapter 62 / Article 3 / Section 17
§62-3-17. Verdicts jury may find in prosecution for larceny.
Status: in_force

In a prosecution for grand larceny, if it be found that the thing stolen is of less value than $50, the jury may find the accused guilty of petit larceny, except in cases where it is otherwise provided; and in a prosecution for petit larceny, though the thing stolen be of the value of $50 or more, the jury may find the accused guilty; and in either case he shall be sentenced for petit larceny.
W. Va. Code § 11-11B-9 — WV Code / Chapter 11 / Article 11B / Section 9
§11-11B-9. Compensation and expenses of board.
Status: in_force

The compensation and expenses of the members of the board and its employees may be agreed upon among such members and the executor or administrator and if they cannot agree shall be fixed by the probate court of the state determined by the board to be the domicile of the decedent. The amounts so agreed upon or fixed shall be deemed an administration expense and shall be payable by the executor or administrator.
W. Va. Code § 18-5-41 — WV Code / Chapter 18 / Article 5 / Section 41
§18-5-41. Content based censorship of American history prohibited.
Status: in_force

(a) No county board of education shall prohibit the use as an educational resource or teaching device any historical document related to the founding of the United States of America or any government publication solely because the document contains a religious reference or references: Provided, That the use of such materials must serve a bona fide secular educational purpose which does not advance or inhibit a religion or particular religious belief.

(b) (1) As used in subsection (a) of this section, the term "historical document related to the founding of the United States of America" shall include, but not be limited to, such documents as the declaration of independence and the United States Constitution.

(2) As used in subsection (a) of this section, the term "government publication" shall include, but not be limited to, such documents as decisions of the United States supreme court and acts of Congress.

(c) In determining the purpose of the use of a document containing a reference to a deity or a religion, consideration shall be given to the overall context of the document's use.
W. Va. Code § 30-22-8 — WV Code / Chapter 30 / Article 22 / Section 8
§30-22-8. Fees; special revenue account; administrative fines.
Status: in_force

(a) All fees and other moneys, except administrative fines, received by the board shall be deposited in a separate special revenue fund in the state Treasury designated the "Board of Landscape Architects Fund," which fund is hereby continued. The fund shall be used by the board for the administration of this article. Except as may be provided in article one of this chapter, the board shall retain the amounts in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.

(b) Any amounts received as fines imposed pursuant to this article shall be deposited into the General Revenue Fund of the state Treasury.
W. Va. Code § 60A-8-1 — WV Code / Chapter 60A / Article 8 / Section 1
§60A-8-1. Short title.
Status: in_force

This article may be cited as the "Wholesale Drug Distribution

Licensing Act of 1991".
W. Va. Code § 33-15-19 — WV Code / Chapter 33 / Article 15 / Section 19
§33-15-19. Coordination of benefits with Medicaid.
Status: in_force

Any health insurer, health maintenance organization as defined in article twenty-five-a of this chapter, prepaid limited health service organization as defined in article twenty-five-d of this chapter or hospital and medical service corporations as defined in article twenty-four of this chapter is prohibited from considering the availability or eligibility for medical assistance in this or any other state under 42 U.S.C. §1396a, Section 1902 of the Social Security Act, referred to in this article as Medicaid, when considering eligibility for coverage or making payments under its plan for eligible enrollees, subscribers, policyholders or certificateholders.
W. Va. Code § 20-17B-5 — WV Code / Chapter 20 / Article 17B / Section 5
§20-17B-5. Protection for private landowners.
Status: in_force

Owners of land used by the authority shall have the full benefit of the limitations of liability provided in §20-17-8 of this code.