FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 12-10-2 — WV Code / Chapter 12 / Article 10 / Section 2
§12-10-2. Definitions.
Status: in_force

The words defined in this section have the meanings given them for purposes of this article, unless the context clearly requires otherwise.

“Grantee” means any entity receiving a state grant, including a state spending unit, local government, corporation, partnership, association, individual, or other legal entity.

“Legitimate claim for payment” means:

(1) A notification of an entitlement to a disbursement of state funds pursuant to an awarded state grant; and

(2) A vendor’s legitimate uncontested invoice for commodities or services provided to any state spending unit.

“Payment” means:

(1) A disbursement of funds to a grantee pursuant to a state grant; and

(2) A state agency’s payment, via check, state warrant, purchasing card transaction, or electronic payment, of a legitimate uncontested invoice for commodities or services.

“State agency” means any agency, department, board, office, bureau, commission, authority or any other entity of the executive, judicial, elected, or legislative branch of state government.

“State grant” means funding provided by a grantor, regardless of the original source of the funds, to a grantee upon application for a specific purpose. The term “state grant” does not include:

(1) Payments for commodities and services purchased by a state spending unit;

(2) Compensation to state employees and public officials;

(3) Reimbursements to state employees and public officials for travel or incidental expenses;

(4) Grants of student aid;

(5) Government transfer payments;

(6) Direct benefits provided under state insurance and welfare programs;

(7) Funds reimbursed to a person for expenditures made for qualified purposes when receipts for the expenditures are required prior to receiving the funds;

(8) Retirement benefits;

(9) Federal pass-through funds that are subject to the federal Single Audit Act Amendments of 1996, 31 U.S.C. § 7501 et seq ., and the funds required to match the federal funds;

(10) Distributions to volunteer and part-volunteer fire departments and fire companies made pursuant to §33-3-14d, §33-3-33, and §33-12C-7 of this code;

(11) Money received from the Fire Service Equipment and Training Fund as provided in §29-3-5f of this code; and

(12) Grants made by the West Virginia Water Development Authority.

“Vendor” means any person or entity that may, through contract or other means, supply the state or its subdivisions with commodities or services, and lessors of real property: Provided , That employees of the state shall not be considered vendors under this article.
W. Va. Code § 52-2-4 — WV Code / Chapter 52 / Article 2 / Section 4
§52-2-4. Quorum.
Status: in_force

Of the sixteen grand jurors chosen from the grand jurors and alternate grand jurors summoned, fifteen or more of the grand jurors attending shall be a competent grand jury.
W. Va. Code § 22C-10-2 — WV Code / Chapter 22C / Article 10 / Section 2
§22C-10-2. Bylaws of interstate mining commission.
Status: in_force

In accordance with Article V (i) of the interstate mining compact, the commission shall file copies of its bylaws and any amendments thereto in the office of the Secretary of State of West Virginia.
W. Va. Code § 62-9-12 — WV Code / Chapter 62 / Article 9 / Section 12
§62-9-12. Indictment for false pretenses.
Status: in_force

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

That A ..............., on the ........ day of ........, nineteen ........, in the said county of ........, did unlawfully, fraudulently, designedly and feloniously falsely pretend to one B ............... that (here set out the fraudulent misrepresentations), by means of which fraudulent and false pretenses the said A ............... did then and there feloniously and unlawfully obtain (here state the money or property obtained) of the property, goods and chattels of B ..............., against the peace and dignity of the state.

And where goods which may be the subject of larceny are obtained on credit by false pretenses by the representation by the accused that there is money due or to become due him and he shall assign the claim for such money in writing to the person from whom such money, goods or other property is obtained, and shall afterwards collect the same without the consent of the assignee, with intent to defraud the indictment shall be sufficient if it be in form, tenor or effect as follows (after following the form in section one):

That A ..............., on the ........ day of ........, nineteen ........, in the said county of ................, did unlawfully, fraudulently, designedly and feloniously falsely pretend and represent to one B ............... that there was a certain sum of money due to him the said A ..............., from one C ..............., and then and there assign in writing to the said B ............... the said sum of money so claimed to be due him from the said C ..............., whereupon and by means of which, the said A ............... did then and there obtain, falsely, fraudulently and feloniously, from the said B ............... (here state and describe the money, goods and property of the said B ..............., so obtained, and the value thereof), of the money, goods and property of the said B ..............., and the said A ............... afterwards, to wit, on or about the ........ day of ........, nineteen ........, did fraudulently stop, and feloniously collect from said C ............... the money so assigned to the said B ..............., without the consent of the said B ............... first obtained, against the peace and dignity of the state.
W. Va. Code § 24D-1-26 — WV Code / Chapter 24D / Article 1 / Section 26
§24D-1-26. Cable television industry not regulated as a utility.
Status: in_force

No provision of this article may be construed to grant the commission the power to regulate the cable television industry as a utility.
W. Va. Code § 8-14-24 — WV Code / Chapter 8 / Article 14 / Section 24
§8-14-24. Right to receive complete standard uniform; right to acquire badge; and right to keep service weapon.
Status: in_force

(a) A police officer, upon honorable retirement, is authorized to maintain at his or her own cost a complete standard uniform from the law-enforcement agency of which he or she was a member and shall be issued an identification card indicating his or her honorable retirement from the law-enforcement agency. The uniform may be worn by the officer in retirement only on the following occasions: Police Officer's Memorial Day, Law-Enforcement Appreciation Day, at the funeral of a law-enforcement officer or during any other police ceremony. The honorably retired officer is authorized to acquire a badge of the law-enforcement agency from which he or she is retired with the word "retired" placed on it.

(b) Upon retirement, a police officer is entitled to keep, without charge, his or her service weapon after a determination by the chief of police:

(1) That the police officer is retiring honorably with at least twenty years of recognized law-enforcement service; or

(2) That the police officer is retiring with less than twenty years of service and that he or she is totally physically disabled as a result of service as a police officer.

(c) Notwithstanding the provisions of subsection (b) of this section, the chief of police may not award a service weapon to any police officer who has been declared mentally incompetent by a licensed physician or a court of law, or who, in the opinion of the chief of police, constitutes a danger to any person or the community.
W. Va. Code § 9-8-3 — WV Code / Chapter 9 / Article 8 / Section 3
§9-8-3. Income and identity verification.
Status: in_force

(a) By December 31, 2018, the department shall redesign an existing system or establish a new computerized income, asset, and identity eligibility verification system or contract with a third-party vendor to verify eligibility, eliminate the duplication of assistance, and deter waste, fraud, and abuse in each public assistance program which it administers.

(b) The department may contract with a third-party vendor to develop a system to provide a service or verify income, assets, and identity eligibility of applicants to prevent fraud, misrepresentation, and inadequate documentation when determining eligibility for public assistance. This system or service shall be accessed prior to determining eligibility, periodically between eligibility redeterminations, and during eligibility redeterminations and reviews. The department may contract with a vendor to provide information to facilitate reviews of recipient eligibility conducted by the department.

(c) A contract made pursuant to this section may not include a provision that provides the vendor with a monetary incentive for reducing the number of recipients.

(d) Nothing in this article precludes the department from continuing to conduct additional eligibility verification processes currently in practice.
W. Va. Code § 55-20-9 — WV Code / Chapter 55 / Article 20 / Section 9
§55-20-9. Uniformity of application and construction.
Status: in_force

In applying and construing this act, consideration must be given to the need to promote uniformity of the law with respect to this subject matter among states that enact it.
W. Va. Code § 31A-8C-4 — WV Code / Chapter 31A / Article 8C / Section 4
§31A-8C-4. Promulgation of rules.
Status: in_force

The commissioner of banking, pursuant to chapter twenty-nine-a of this code, shall promulgate rules governing the provision of financially-related products and services by West Virginia state-chartered banking institutions and by any bank holding company conducting business in this state. These rules shall include the procedures applicable in connection with application to engage in financially-related activities and offer financially-related products and services and the conduct of such activities.
W. Va. Code § 38-3-15 — WV Code / Chapter 38 / Article 3 / Section 15
§38-3-15. Same -- Other proceedings commenced pending suit.
Status: in_force

If, after the commencement of suit to enforce a judgment lien, any lienholder commence any other suit or proceeding in or out of court to enforce a lien claimed by him on the real estate, or any part thereof, of the judgment debtor, upon which a lien is sought to be enforced by such suit, the court, or the judge thereof in vacation, may enjoin him from so doing and require him to come in and assert his lien in such suit, or make such order or decree in relation thereto as to such court or judge may seem right and proper to protect the interest of all parties having such liens.
W. Va. Code § 44B-4-408 — WV Code / Chapter 44B / Article 4 / Section 408
§44B-4-408. Insubstantial allocations not required.
Status: in_force

PART 3. RECEIPTS NORMALLY APPORTIONED.

(a) If a trustee determines that an allocation between principal and income required by section four hundred nine, four hundred ten, four hundred eleven, four hundred twelve or four hundred fifteen, of this article is insubstantial, the trustee may allocate the entire amount to principal unless one of the circumstances described in subsection (c), section one hundred four of this article applies to the allocation. This power may be exercised by a cotrustee in the circumstances described in subsection (d) of said section and may be released for the reasons and in the manner described in subdivision (e) of said section. An allocation is presumed to be insubstantial if:

(1) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than ten percent; or

(2) The value of the asset producing the receipt for which the allocation would be made is less than ten percent of the total value of the trust's assets at the beginning of the accounting period.

(b) Nothing in this section imposes a duty on the trustee to make an allocation under this section, and the trustee is not liable for failure to make an allocation under this section.
W. Va. Code § 17A-6-26 — WV Code / Chapter 17A / Article 6 / Section 26
§17A-6-26. Construction.
Status: in_force

(a) The provisions of this article shall be liberally construed so as to effectuate its purposes.

(b) All of the provisions of this chapter expressly stated to be applicable throughout such chapter shall be as fully applicable to this act as if they were set forth in extenso herein.
W. Va. Code § 30-39-7 — WV Code / Chapter 30 / Article 39 / Section 7
§30-39-7. Suspension, revocation, or refusal to renew registration.
Status: in_force

(a) The Secretary of State may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under subsection (b), section six of this article.

(b) The Secretary of State may deny, suspend, revoke or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. The provisions of article five, chapter twenty-nine-a of this code apply to this article.
W. Va. Code § 44-5A-2 — WV Code / Chapter 44 / Article 5A / Section 2
§44-5A-2. Incorporation by reference of enumerated powers by testator; restriction on exercise of powers.
Status: in_force

(a) After June 30, 2011, by an intention of the testator expressed in a will, any or all of the powers or any portion of the powers enumerated in section three of this article, as they exist at the time of the signing of the will by the testator may be, by appropriate reference made thereto, incorporated in the will, with the same effect as though the language were set forth verbatim in the instrument. Incorporation of one or more of the powers contained in section three of this article by reference to that section is in addition to and not in limitation of the common law or statutory powers of the fiduciary.

(b) No power of authority conferred upon a fiduciary as provided in this article may be exercised by the fiduciary in a manner as, in the aggregate, to deprive the trust or the estate involved of an otherwise available tax exemption, deduction or credit, expressly including the marital deduction, or operate to impose a tax upon a donor or testator or other person as owner of any portion of the trust or estate involved. “Tax” includes, but is not limited to, any federal, state, or local income, gift, estate or inheritance tax.

(c) Nothing in this section prevents the incorporation of the powers enumerated in section three of this article in any other kind of instrument or agreement.
W. Va. Code § 38-10A-1 — WV Code / Chapter 38 / Article 10A / Section 1
§38-10A-1. Scope.
Status: in_force

This article applies only to federal lien notices which under any Act of Congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens.
W. Va. Code § 17A-3-7 — WV Code / Chapter 17A / Article 3 / Section 7
§17A-3-7. Grounds for refusing registration or certificate of title.
Status: in_force

The division shall refuse registration or issuance of a certificate of title or any transfer of registration upon any of the following grounds:

(1) That the application contains any false or fraudulent statement or that the applicant has failed to furnish required information or reasonable additional information requested by the division or that the applicant is not entitled to the issuance of a certificate of title or registration of the vehicle under this chapter;

(2) That the applicant fails to present a statement of insurance or proof of other security as required pursuant to the provisions of section three of this article;

(3) That the vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;

(4) That the division has reasonable grounds to believe that the vehicle is a stolen or embezzled vehicle or that the granting of registration or the issuance of certificate of title would constitute a fraud against the rightful owner or other person having a valid lien upon such vehicle;

(5) That the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state;

(6) That the required fee has not been paid;

(7) That the vehicle is operated by a commercial motor carrier who has failed to provide a federal motor carrier identification number (USDOT number) or whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration; or

(8) That any road user fee due under a single fee program imposed by the West Virginia Parkways Authority has not been paid.
W. Va. Code § 33-15-4N — WV Code / Chapter 33 / Article 15 / Section 4N
§33-15-4n. Deductibles, copayments and coinsurance for abuse-deterrent opioid analgesic drugs.
Status: in_force

(a) As used in this section:

(1) “Abuse-deterrent opioid analgesic drug product” means a brand name or generic opioid analgesic drug product approved by the United States Food and Drug Administration with abuse-deterrent labeling that indicates its abuse-deterrent properties are expected to deter or reduce its abuse;

(2) “Cost-sharing” means any coverage limit, copayment, coinsurance, deductible or other out-of-pocket expense requirements;

(3) “Opioid analgesic drug product” means a drug product that contains an opioid agonist and is indicated by the United States Food and Drug Administration for the treatment of pain, regardless of whether the drug product:

(A) Is in immediate release or extended release form; or

(B) Contains other drug substances.

(b) Notwithstanding any provision of any accident and sickness insurance policy issued by an insurer, on or after January 1, 2017:

(1) Coverage shall be provided for at least one abuse-deterrent opioid analgesic drug product for each active opioid analgesic ingredient;

(2) Cost-sharing for brand name abuse-deterrent opioid analgesic drug products shall not exceed the lowest tier for brand name prescription drugs on the entity’s formulary for prescription drug coverage;

(3) Cost-sharing for generic abuse-deterrent opioid analgesic drug products covered pursuant to this section shall not exceed the lowest cost-sharing level applied to generic prescription drugs covered under the applicable health plan or policy; and

(4) An entity subject to this section may not require an insured or enrollee to first use an opioid analgesic drug product without abuse-deterrent labeling before providing coverage for an abuse-deterrent opioid analgesic drug product covered on the entity's formulary for prescription drug coverage.

(c) Notwithstanding subdivision (3), subsection (b) of this section, an entity subject to this section may undertake utilization review, including preauthorization, for an abuse-deterrent opioid analgesic drug product covered by the entity, if the same utilization review requirements are applied to nonabuse-deterrent opioid analgesic drug products and with the same type of drug release, immediate or extended.

(d) For purposes of subsection (b) of this section, the lowest tier and the lowest cost-sharing level shall not mean the cost-sharing tier applicable to preventive care services which are required to be provided at no cost-sharing under the Patient Protection and Affordable Care Act.
W. Va. Code § 48-26-301 — WV Code / Chapter 48 / Article 26 / Section 301
§48-26-301. Family protection services board continued; terms.
Status: in_force

(a) The family protection services board, is continued.

(b) Membership of the board is comprised of seven persons. The Governor, with the advice and consent of the Senate, shall appoint five members of the board who meet the following qualifications:

(1) One member must be a director of a licensed domestic violence program;

(2) One member must be a representative of the West Virginia Coalition Against Domestic Violence;

(3) One member must be a representative of a batterer intervention and prevention program licensed by the board;

(4) One member must be a representative of the West Virginia Supreme Court of Appeals who is familiar with monitored parenting and exchange program services; and

(5) One member must be a citizen who is a resident of this state and who is not employed by, under contract with or a volunteer for a program licensed by the board, and who is knowledgeable about services for victims and survivors of domestic violence;

(c) The secretary of the Department of Human Services, or his or her designee, and the chair of the Governor's Committee on Crime, Delinquency and Correction, or his or her designee shall serve as ex officio voting members.

(d) The terms of the five members appointed by the Governor are for three years, staggered in accordance with prior enactments of this act.

(e) No person who is employed by, under contract with or volunteers for an organization that is licensed to operate any program under the provisions of this article may serve on the board at the same time as another person who is employed by, under contract with or volunteers for that organization.

(f) If a member resigns or is unable to complete his or her term or ceases to be qualified, the Governor shall appoint within ninety days a person who meets the qualifications of this section to serve the remainder of the unexpired term.
W. Va. Code § 48-16-504 — WV Code / Chapter 48 / Article 16 / Section 504
§48-16-504. Immunity from civil liability.
Status: in_force

An employer that complies with an income withholding order issued in another state in accordance with this article is not subject to civil liability to any individual or agency with regard to the employer's withholding of child support from the obligor's income.
W. Va. Code § 7-3-7A — WV Code / Chapter 7 / Article 3 / Section 7A
§7-3-7a. Bonds for construction or renovation of county jail or regional correctional center.
Status: in_force

The county commissions of the several counties are hereby authorized to issue revenue bonds for the purpose of constructing, reconstructing and renovating any jail facility used for county prisoners or a regional correctional center for either adult or youth offenders which is developed jointly by one or more counties; and for the purpose of retiring the bonds, the county commission may pledge for a period not to exceed twenty years, the funds available to the county under the provisions of section fifteen, article five of this chapter.
W. Va. Code § 39A-2-6 — WV Code / Chapter 39A / Article 2 / Section 6
§39A-2-6. Oral communications.
Status: in_force

An oral communication or a recording of an oral communication shall not qualify as an electronic record for purposes of this article except as otherwise provided under applicable law.