FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 14-2A-8 — WV Code / Chapter 14 / Article 2A / Section 8
§14-2A-8. Commissioners' oath of office.
Status: in_force

Each commissioner shall, before entering upon the duties of his office, take and subscribe to the oath prescribed by section five, article four of the Constitution of the State. The oath shall be filed with the clerk.
W. Va. Code § 12-4B-1 — WV Code / Chapter 12 / Article 4B / Section 1
§12-4B-1. Legislative findings.
Status: in_force

The Legislature finds that:

(a) Educational facilities, nonprofit organizations, juvenile detention centers, municipal and county public safety offices and other public, charitable or educational enterprises or organizations are always in need of computers, telecommunications devices and other technological equipment, while the acquisition of such equipment is costly;

(b) The State Auditor must frequently purchase computers, telecommunications devices and other technological equipment for his or her interaction with national and international financial services industries;

(c) The purchase by the State Auditor of modern computers, telecommunications devices and other technological equipment frequently results in the surplus of existing equipment;

(d) Surplus equipment is generally obsolete and may no longer be used effectively by agency employees;

(e) Although the computers, telecommunications devices and other technological equipment is no longer useful in interacting with the financial services industry, they may still be useful items for a less complex and less high-speed dependent use;

(f) Heretofore, the State Auditor has stripped the equipment for spare parts for other machines and that this continued practice does not necessarily result in the equipment's highest and best remaining use; and

(g) Rather than break down the equipment for spare parts or send obsolete machines to the surplus property unit of the state Purchasing Division where they may languish with lack of use, it would be in the best interest of the state that any obsolete computers, telecommunications devices or technological equipment be donated by the State Auditor's office to educational facilities, nonprofit organizations, juvenile detention centers, municipal and county public safety offices and other public, charitable or educational enterprises or organizations.
W. Va. Code § 11A-3-70 — WV Code / Chapter 11A / Article 3 / Section 70
§11A-3-70. Release of title to, and taxes on, lands on which all taxes paid for ten years.
Status: in_force

In view of the desirability of stable land titles and to encourage landowners to cause their lands to be assessed and pay the taxes thereon, it is the purpose and intent of the Legislature to release all of the state's title and claim and the authority and control of the Auditor to any real estate on which all taxes have been paid for ten consecutive years and release all taxes prior to such ten-year period. If, heretofore or hereafter, all taxes due on any parcel of land for ten consecutive years have been fully paid, all title to any such land acquired by the state prior to said ten-year period or all real property tax liens which subject the lands to the authority and control of the Auditor prior to said ten-year period shall be and is hereby released to the person who would be the owner thereof but for the title of the state or the real property tax liens which subject the lands to the authority and control of the Auditor so released and all unpaid taxes prior to said ten-year period are declared to be fully paid.

Nothing contained in this section shall affect or be held or construed to affect in any way the right or title of a person claiming to any land by transfer as provided in section three, article XIII of the Constitution of the State of West Virginia prior to the repeal of said Constitutional provision in the year one thousand nine hundred ninety-two.

It is the intention of the Legislature that this section shall be both retroactive and prospective.
W. Va. Code § 15-12-3A — WV Code / Chapter 15 / Article 12 / Section 3A
§15-12-3a. Petition for removal of sexually violent predator designation.
Status: in_force

A proceeding seeking to remove a person's designation as a sexually violent predator may be initiated by the filing of a petition by the person so designated in the original sentencing court. The petition shall set forth that the underlying qualifying conviction has been reversed or vacated. Upon receipt of proof that no qualifying conviction exists, the court shall enter an order directing the removal of the designation.
W. Va. Code § 4-3-1 — WV Code / Chapter 4 / Article 3 / Section 1
§4-3-1. Continued as statutory body; composition; appointment and terms of members.
Status: in_force

The Joint Committee on Government and Finance, heretofore existing under a joint rule of the Senate and House of Delegates, is hereby continued as a statutory body. This committee shall be composed of seven members of the Senate, six of whom shall be appointed by the President of the Senate, and seven members of the House of Delegates, six of whom shall be appointed by the Speaker of the House of Delegates. The six members appointed by the President of the Senate shall include the majority leader of the Senate, the minority leader of the Senate, the chairman of the Senate committee on the judiciary and the chairman of the Senate committee on finance. The six members appointed by the Speaker of the House of Delegates shall include the majority leader of the House of Delegates, the minority leader of the House of Delegates, the chairman of the house committee on the judiciary and the chairman of the house committee on finance. The President of the Senate and the Speaker of the House of Delegates shall be members of the committee and cochairmen thereof. Not more than five members of the committee from each house shall be members of the same political party: Provided, That in the event the membership of a political party is less than fifteen percent in the House of Delegates or Senate, then the membership of that political party from the legislative house with less than fifteen percent membership may be one from that house. The members shall serve until their successors shall have been appointed as heretofore provided.
W. Va. Code § 17C-17-11A — WV Code / Chapter 17C / Article 17 / Section 11A
§17C-17-11a. Authority of commissioner of the department of highways to increase weight limitations upon highways designated by him
Status: in_force

If, in the opinion of the commissioner of the department of highways, the design, construction and safety of any highway, or portion thereof, are such that the gross weight limitations prescribed in section nine of this article can be increased without undue damage to any such highway, the commissioner may, by order, increase the gross weight limitations of vehicles which may be operated upon any such highway, or portion thereof, designated by him in such order and may establish therein the gross weight limitations which shall thereafter be applicable to the highway or portion thereof so designated by him Provided, That the maximum gross weight, including the load established by the commissioner for any such designated highway or portion thereof, shall not exceed eighty thousand pounds, except as otherwise provided in this article: Provided, however, That no such order of the commissioner shall establish any weight limitation in excess of or in conflict with any weight limitation prescribed by or pursuant to acts of Congress with respect to the national system of interstate and defense highways.
W. Va. Code § 19-1B-14 — WV Code / Chapter 19 / Article 1B / Section 14
§19-1B-14. Effect on other laws.
Status: in_force

Nothing in this article relieves any person conducting timbering operations from complying with any other provision of this code.
W. Va. Code § 46A-6I-1 — WV Code / Chapter 46A / Article 6I / Section 1
§46A-6I-1. Definitions.
Status: in_force

(a) For purposes of this article, the terms herein have the meaning ascribed in section two, article one, chapter thirty-nine-a of this code.

(b) "Consumer transaction" means a transaction involving an individual with respect to or primarily affecting personal, family, household or agricultural purposes.
W. Va. Code § 44D-8-808 — WV Code / Chapter 44D / Article 8 / Section 808
§44D-8-808. Powers to direct.
Status: in_force

The terms of a trust instrument which confer upon a person other than the grantor of a revocable trust power to direct certain actions of the trustee are governed by the provisions of the West Virginia Uniform Directed Trust Act contained in §44D-8A-801 et seq. of this code .
W. Va. Code § 18-7B-3 — WV Code / Chapter 18 / Article 7B / Section 3
§18-7B-3. Defined contribution retirement system created and established; body corporate.
Status: in_force

The teachers' defined contribution retirement system is hereby created and established to provide for the secure, fair and orderly retirement of the teachers and related personnel of the state. The defined contribution retirement system shall constitute a body corporate and all business of the system shall be transacted in the name of the teachers' defined contribution retirement system.
W. Va. Code § 16-5X-6 — WV Code / Chapter 16 / Article 5X / Section 6
§16-5X-6. Funding.
Status: in_force

State or federal dollars may not be used for payment to any lay caregiver as defined in this article after discharge from a hospital. No state or federal program funding shall be impacted by this article.
W. Va. Code § 18-3-2 — WV Code / Chapter 18 / Article 3 / Section 2
§18-3-2. Seal; requisitions on Auditor for money.
Status: in_force

The State Superintendent of Schools shall provide a seal for his office. He shall sign all requisitions on the Auditor for the payment of money out of the state Treasury for school purposes, except as otherwise provided by law.
W. Va. Code § 33-53-2 — WV Code / Chapter 33 / Article 53 / Section 2
§33-53-2. Definitions.
Status: in_force

For purposes of this article:

“Certificate of insurance” means a document or instrument, regardless of how titled or described, that is prepared or issued by an insurer or insurance producer as evidence or confirmation of the existence of property or casualty insurance coverage. The term does not include a statement of declaration, policy of insurance, insurance binder, policy endorsement, or automobile insurance identification or information card.

“Insurance producer” means a person required to be licensed under the laws of this state to sell, solicit, or negotiate property or casualty insurance.

“Insurer” means any organization that issues property or casualty insurance.

“Person” means any individual, partnership, corporation, association, or other legal entity, including any government or governmental subdivision or agency.
W. Va. Code § 51-1-10 — WV Code / Chapter 51 / Article 1 / Section 10
§51-1-10. Adjournment.
Status: in_force

The court may, at any regular or special term, adjourn from day to day or from time to time, as the court may order, until its close.
W. Va. Code § 21A-7-30 — WV Code / Chapter 21A / Article 7 / Section 30
§21A-7-30. Appeals from administrative decisions relative to chargeability of benefits.
Status: in_force

Appeals shall lie to the board of review, in the manner as provided in this article relating to appeal from an examiner's decision, and under such rules, regulations, and procedure as may be prescribed by the board, from an administrative decision of the commissioner relating to chargeability of benefits. Appeals shall lie from a final decision of the board of review in such case to the circuit court of Kanawha county and thence to the Supreme Court of Appeals of West Virginia within the times and in the manner as provided in this article.
W. Va. Code § 11-13S-6 — WV Code / Chapter 11 / Article 13S / Section 6
§11-13S-6. Forfeiture of unused tax credits; redetermination of credit allowed.
Status: in_force

(a) Disposition of property or cessation of use. -- If during any taxable year, property with respect to which a tax credit has been allowed under this article:

(1) Is disposed of prior to the end of its useful life, as determined under section five of this article; or

(2) Ceases to be used in an industrial facility of the taxpayer in this state prior to the end of its useful life, as determined under section five of this article, then the unused portion of the credit allowed for such property is forfeited for the taxable year and all ensuing years. Except when the property is damaged or destroyed by fire, flood, storm or other casualty, or is stolen, the taxpayer shall redetermine the amount of credit allowed in all earlier years by reducing the applicable percentage of cost of the property allowed under section five of this article, to correspond with the percentage of cost allowable for the period of time that the property was actually used in manufacturing activity as part of an industrial facility of the taxpayer. The taxpayer must then file a reconciliation statement with its annual return filed under article twenty-three of this chapter, for the year in which the forfeiture occurs and pay any additional taxes owed due to reduction of the amount of credit allowable for the earlier years, plus interest and any applicable penalties.
W. Va. Code § 44D-8-812 — WV Code / Chapter 44D / Article 8 / Section 812
§44D-8-812. Collecting trust property.
Status: in_force

A trustee shall take reasonable steps to compel a former trustee or other person to deliver trust property to the trustee, and to redress a breach of trust known to the trustee to have been committed by a former trustee.
W. Va. Code § 16-60-8 — WV Code / Chapter 16 / Article 60 / Section 8
§16-60-8. Adverse actions.
Status: in_force

(a) A home state has exclusive power to impose adverse action against an individual’s license issued by the home state.

(b) If an individual’s license in any home state is restricted or suspended, the individual may not be eligible to practice in a remote state under the privilege to practice until the individual’s home state license is restored.

(1) All home state adverse action orders shall include a statement that the individual’s Compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state’s EMS authority.

(2) An individual currently subject to adverse action in the home state may not practice in any remote state without prior written authorization from both the home state and remote state’s EMS authority.

(c) A member state shall report adverse actions and any occurrences where the individual’s Compact privileges are restricted, suspended, or revoked to the Commission in accordance with the rules of the Commission.

(d) A remote state may take adverse action on an individual’s privilege to practice within that state.

(e) Any member state may take adverse action against an individual’s privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.

(f) A home state’s EMS authority shall investigate and take such appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state’s law shall control in determining the appropriate adverse action.

(g) Nothing in this Compact may override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state’s laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
W. Va. Code § 7-15-17 — WV Code / Chapter 7 / Article 15 / Section 17
§7-15-17. Imposition and collection of special emergency ambulance service fee by county commission.
Status: in_force

A county commission may, by ordinance, impose upon and collect from the users of emergency ambulance service within the county a special service fee, which shall be known as the "special emergency ambulance service fee." The proceeds from the imposition and collection of any special service fee shall be deposited in a special fund and used only to pay reasonable and necessary expenses actually incurred and the cost of buildings and equipment used in providing emergency ambulance service to residents of the county. The proceeds may be used to pay for, in whole or in part, the establishment, maintenance and operation of an authority, as provided for in this article: Provided, That an ambulance company or authority receiving funds from the special emergency ambulance fees collected pursuant to this section may not be precluded from making nonemergency transports.
W. Va. Code § 41-1-1 — WV Code / Chapter 41 / Article 1 / Section 1
§41-1-1. Who may make will and as to what property.
Status: in_force

Every person not prohibited by the following section may, by will, dispose of any estate to which he shall be entitled at his death, and which, if not so disposed of, would devolve upon his heirs, personal representative, or next of kin. The power hereby given shall extend to any estate, right, or interest, to which the testator may be entitled at his death, notwithstanding he may become so entitled after the execution of the will.
W. Va. Code § 61-5-2 — WV Code / Chapter 61 / Article 5 / Section 2
§61-5-2. False swearing defined.
Status: in_force

To wilfully swear falsely, under oath or affirmation lawfully administered, in a trial of the witness or any other person for a felony, concerning a matter or thing not material, and on any occasion other than a trial for a felony, concerning any matter or thing material or not material, or to procure another person to do so, is false swearing and is a misdemeanor.
W. Va. Code § 5C-1-22 — WV Code / Chapter 5C / Article 1 / Section 22
§5C-1-22. Projects not to be considered public improvements.
Status: in_force

No project, enterprise or business facility which conducts as its primary activity a manufacturing process or other nongovernmental or nonpublic activity may be deemed to be a "public improvement" within the meaning of the provisions of article five-a, chapter twenty-one of this code.
W. Va. Code § 33-31-22 — WV Code / Chapter 33 / Article 31 / Section 22
§33-31-22. Certificate of general good.
Status: in_force

In the case of a captive insurance company licensed as a branch captive, the alien captive insurance company shall petition the commissioner to issue a certificate setting forth the commissioner's finding that, after considering the character, reputation, financial responsibility, insurance experience and business qualifications of the officers and directors of the alien captive insurance company, the licensing and maintenance of the branch operations will promote the general good of the state. The alien captive insurance company may register to do business in this state after the commissioner's certificate is issued.
W. Va. Code § 33-25A-20 — WV Code / Chapter 33 / Article 25A / Section 20
§33-25A-20. Regulations.
Status: in_force

The commissioner may after notice and hearing promulgate reasonable rules and regulations in accordance with chapter twenty-nine-a of this code, as are necessary or proper to effectuate the purposes of this article and to prevent circumvention and evasion thereof.
W. Va. Code § 21A-1A-4 — WV Code / Chapter 21A / Article 1A / Section 4
§21A-1A-4. Average annual payroll.
Status: in_force

"Average annual payroll" means the average of the last three annual payrolls of an employer.
W. Va. Code § 21A-5-17 — WV Code / Chapter 21A / Article 5 / Section 17
§21A-5-17. Interest and rate on past-due payments; penalties for late payment and reporting.
Status: in_force

(a) Payments, including penalties, unpaid on the date on which due and payable, as prescribed by the commissioner, shall bear interest at the rate of one percent per month until payment plus accrued interest is received by the commissioner. Interest shall be compounded quarterly until payment plus accrued interest is received by the commissioner.

Interest collected pursuant to this section shall be paid into the employment security special administration fund.

(b) Each employer who fails to timely pay, in whole or in part, the contribution due with any report for any quarter commencing on and after July 1, 1996, shall pay a late payment penalty of the greater of $50 or ten percent of the contribution due, but not to exceed $500. Such late penalty is due immediately along with the payment of the outstanding amount of contribution. Penalties collected pursuant to this section shall be paid into the unemployment compensation trust fund.
W. Va. Code § 47-11D-3 — WV Code / Chapter 47 / Article 11D / Section 3
§47-11D-3. Blind bidding prohibited; invitation to bid; provisions of article waived as to certain exhibitors.
Status: in_force

(a) Blind bidding is hereby prohibited within the state. No bids may be returnable, no negotiations for the exhibition or licensing of a motion picture may take place, and no license agreement or any of its terms may be agreed to, for the exhibition of any motion picture within the state before that motion picture has been trade screened either within the state or, alternatively, at the local exchange serving the geographic area within the state for which bids have been invited.

(b) A distributor shall include in each invitation to bid for a motion picture for exhibition within the state, if such motion picture has not already been trade screened within the state, the date, time and place of the trade screening of the motion picture either within the state or alternatively, at the local exchange serving the geographic area within this state for which bids have been requested.

(c) A distributor shall provide reasonable and uniform notice to all exhibitors in each competitive market within the state of all trade screenings for that competitive market of motion pictures he is distributing.

(d) The provisions of this article are waived with respect to West Virginia exhibitors whose theatres are located within twenty miles of a state line of a state where a provision for prior trade screening before bidding has not been adopted, so long as theatres exist within the other state within twenty miles of the state line between that state and West Virginia and no further than twenty miles from at least one West Virginia exhibitor's theatre in the same competitive market. Any other purported waiver of the requirements of this article shall be void and unenforceable.
W. Va. Code § 55-2-17 — WV Code / Chapter 55 / Article 2 / Section 17
§55-2-17. When suit prevented by defendant; actions on foreign contracts.
Status: in_force

Where any such right as is mentioned in this article shall accrue against a person who had before resided in this state, if such person shall, by departing without the same, or by absconding or concealing himself or by any other indirect ways or means, obstruct the prosecution of such right, or if such right has been or shall be hereafter obstructed by war, insurrection or rebellion, the time that such obstruction may have continued shall not be computed as any part of the time within which the said right might or ought to have been prosecuted. But if another person be jointly or severally liable with the person so obstructing the prosecution of such right, and no such obstruction exist as to him the exception contained in this section as to the person so absconding shall not apply to him in any action or suit brought against him to enforce such liability. And upon a contract which was made and was to be performed in another state or country, by a person who then resided therein, no action shall be maintained after the right of action thereon is barred either by the laws of such state or country or by the laws of this state.