FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 22B-3-2 — WV Code / Chapter 22B / Article 3 / Section 2
§22B-3-2. Authority of board; additional definitions.
Status: in_force

(a) In addition to all other powers and duties of the Environmental Quality Board, as prescribed in this chapter or elsewhere by law, the board may receive any money as a result of the resolution of any case on appeal which shall be deposited in the State Treasury to the credit of the Water Quality Management Fund created pursuant to section ten, article eleven, chapter twenty-two of this code.

(b) All the terms defined in section three, article eleven, chapter twenty-two of this code are applicable to this article and have the meanings ascribed to them therein.
W. Va. Code § 8-25-7 — WV Code / Chapter 8 / Article 25 / Section 7
§8-25-7. Contracts for services, materials, etc.; publication of notice for bids.
Status: in_force

Each regional council is empowered and authorized to contract for services of consultants to perform planning, development, engineering, legal or other services of a professional, specialized or technical nature; and such consultants shall be persons appropriately qualified under state statutes dealing with the applicable profession or occupation. Each such contract must have the express approval of the regional council or the executive committee. Such contracts shall not be subject to any law relating to public bidding: Provided, That every contract of the council for the purchase of merchandise, materials or supplies in the amount of $1,000 or more shall be let to the lowest responsible bidder after notice requesting such bids has been published as a Class I-0 legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for this publication shall be the region in question.
W. Va. Code § 29-12-16 — WV Code / Chapter 29 / Article 12 / Section 16
§29-12-16. Non-renewal of policies for permissive non-governmental entities.
Status: in_force

Notwithstanding any provision of law to the contrary, and notwithstanding the decision of the West Virginia Supreme Court of Appeals in State ex rel. Human Res. Dev. & Empl. v. Bd. of Risk & Ins. Mgmt. of W. Va., 214 W. Va. 460 (2003), the board may, upon 60 days’ advance notice to the insured, non-renew any policy of liability insurance or other insurance by the board to a non-governmental entity for which coverage is permissive, and not mandatory, pursuant to §29-12-5(b)(1) of this code.
W. Va. Code § 36-7-17 — WV Code / Chapter 36 / Article 7 / Section 17
§36-7-17. Liability to third persons.
Status: in_force

(a) A claim based on (i) a contract entered into by a custodian acting in a custodial capacity, (ii) an obligation arising from the ownership or control of custodial property or (iii) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.

(b) A custodian is not personally liable:

(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
W. Va. Code § 48-7-204 — WV Code / Chapter 48 / Article 7 / Section 204
§48-7-204. Discovery under rules; optional disclosure of tax returns.
Status: in_force

Nothing contained in this part 2 shall be construed to prohibit the court from ordering discovery pursuant to rule eighty-one of the rules of civil procedure. Additionally, the court may on its own initiative and shall at the request of either party require the parties to furnish copies of all state and federal income tax returns filed by them for the past two years and may require copies of such returns for prior years.
W. Va. Code § 21-1A-7 — WV Code / Chapter 21 / Article 1A / Section 7
§21-1A-7. Suits by or against labor organizations.
Status: in_force

(a) Suits for violation of contracts between an employer and a labor organization, or between labor organizations, may be brought in any circuit court of this state having jurisdiction of the parties.

(b) It shall be unlawful for any labor organization to engage in any activity or conduct defined as an unfair labor practice in subdivision (4), subsection (b), section four of this article; and whoever shall be injured in his business or property by reason of any such violation may sue therefor in the circuit court of any county wherein such unfair labor practice occurred, and shall recover the damages by him sustained and the cost of the suit.

(c) Any labor organization and any employer shall be bound by the acts of its agents. Notwithstanding any other provision of law or rule to the contrary, any such labor organization may sue or be sued as an entity and in behalf of the employees whom it represents. Any money judgment against a labor organization in a suit under this section shall be enforceable only against the organization as an entity and against its assets, and shall not be enforceable against any individual member or his assets.

(d) For the purposes of actions and proceedings by or against labor organizations, the circuit courts of this state shall be deemed to have jurisdiction of a labor organization in the county in which such organization maintains its principal offices, or in any county in which its duly authorized officers or agents are engaged in representing or acting for employee members.

(e) The service of summons, subpoena, or other legal process of any circuit court of this state upon an officer or agent of a labor organization, in his capacity as such, shall constitute service upon the labor organization.
W. Va. Code § 46-3-112 — WV Code / Chapter 46 / Article 3 / Section 112
§46-3-112. Interest.
Status: in_force

(a) Unless otherwise provided in the instrument (i) an instrument is not payable with interest and (ii) interest on an interest-bearing instrument is payable from the date of the instrument.

(b) Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues.
W. Va. Code § 48-10-702 — WV Code / Chapter 48 / Article 10 / Section 702
§48-10-702. Proof required when action is not pending for divorce, custody, legal separation, annulment or establishment of paternity.
Status: in_force

(a) If a petition is filed pursuant to section 10-402 when the parent through whom the grandparent is related to the grandchild does not: (1) Have custody of the child; (2) share custody of the child; or (3) exercise visitation privileges with the child that would allow participation in the visitation by the grandparent if the parent so chose, the grandparent shall be granted visitation if a preponderance of the evidence shows that visitation is in the best interest of the child.

(b) If a petition is filed pursuant to section 10-402, there is a presumption that visitation privileges need not be extended to the grandparent if the parent through whom the grandparent is related to the grandchild has custody of the child, shares custody of the child, or exercises visitation privileges with the child that would allow participation in the visitation by the grandparent if the parent so chose. This presumption may be rebutted by clear and convincing evidence that an award of grandparent visitation is in the best interest of the child.
W. Va. Code § 7-1-8 — WV Code / Chapter 7 / Article 1 / Section 8
§7-1-8. Continuance of matters at end of session.
Status: in_force

All matters pending before any county court and ready for its decision or action which shall not have been determined or acted upon before the end of a session, whether regular or special, shall, without any order of continuance, stand continued until the next session.
W. Va. Code § 33-28-7 — WV Code / Chapter 33 / Article 28 / Section 7
§33-28-7. Preexisting conditions.
Status: in_force

Notwithstanding the provisions of section four, article fifteen of this chapter if an insurer or a hospital, medical or dental service corporation elects to use a simplified application form containing no questions concerning the applicant's health history or medical treatment history, the policy or contract applied for must cover any loss occurring after twelve months from the inception date of coverage which loss is traceable to a preexisting condition not specifically excluded from coverage by the terms of the policy, and, except as so provided, the policy or contract shall not include wording which would permit a defense based upon preexisting conditions.
W. Va. Code § 18-9E-1 — WV Code / Chapter 18 / Article 9E / Section 1
§18-9E-1. Short title.
Status: in_force

This article is titled and may be cited as the "Air Quality in New Schools Act of 1998."
W. Va. Code § 15-9-2 — WV Code / Chapter 15 / Article 9 / Section 2
§15-9-2. Facility inspection.
Status: in_force

The Governor's Committee on Crime, Delinquency and Correction or its designee shall annually visit and inspect jails, detention facilities, correctional facilities, facilities which may hold juveniles involuntarily or any other juvenile facility which may temporarily house juveniles on a voluntary or involuntary basis for the purpose of compliance with standards promulgated by the juvenile facilities standards commission, pursuant to section nine-a, article twenty, chapter thirty-one of this code and with the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, and compliance with the Prison Rape Elimination Act, pursuant to 42 U. S. C §15601, and related statutes or regulations.
W. Va. Code § 46-9-508 — WV Code / Chapter 46 / Article 9 / Section 508
§46-9-508. Effectiveness of financing statement if new debtor becomes bound by security agreement.
Status: in_force

(a) Financing statement naming original debtor. Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral.

(b) Financing statement becoming seriously misleading. If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (a) of this section to be seriously misleading under section 9-506:

(1) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under section 9-203(d); and

(2) The financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than four months after the new debtor becomes bound under section 9-203(d) unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time.

(c) When section not applicable. This section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under section 9-507(a).
W. Va. Code § 17A-2-12 — WV Code / Chapter 17A / Article 2 / Section 12
§17A-2-12. Commissioner of motor vehicles -- Commissioner to prescribe forms.
Status: in_force

The commissioner shall prescribe and provide suitable forms of applications, certificates of title, registration cards, operators' and chauffeurs' licenses, and all other forms requisite or deemed necessary to carry out the provisions of this chapter and any other laws, the enforcement and administration of which are vested in the department.
W. Va. Code § 53-5-5 — WV Code / Chapter 53 / Article 5 / Section 5
§53-5-5. Injunction by judge of Supreme Court of Appeals.
Status: in_force

When a circuit court, or a judge thereof, shall refuse to award an injunction, a copy of the orders entered in the proceedings in court, and the original papers presented to the court or to the judge in vacation with his order of refusal, may be presented to the Supreme Court of Appeals, or a judge thereof in vacation, who may thereupon award the injunction.
W. Va. Code § 55-3B-7 — WV Code / Chapter 55 / Article 3B / Section 7
§55-3B-7. Waiver.
Status: in_force

A tenant's rights under this article may not be waived by agreement.
W. Va. Code § 46-2-702 — WV Code / Chapter 46 / Article 2 / Section 702
§46-2-702. Seller's remedies on discovery of buyer's insolvency.
Status: in_force

(1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this article (section 2-705).

(2) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the ten-day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the buyer's fraudulent or innocent misrepresentation of solvency or of intent to pay.

(3) The seller's right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser or lien creditor under this article (section 2- 403). Successful reclamation of goods excludes all other remedies with respect to them.
W. Va. Code § 29-22B-909 — WV Code / Chapter 29 / Article 22B / Section 909
§29-22B-909. Random number generator required.
Status: in_force

Each video lottery terminal shall have a random number generator to determine randomly the occurrence of each specific symbol or number used in video lottery games. A selection process is random if it meets the following statistical criteria:

(1) Chi square test. -- Each symbol or number shall satisfy the ninety-nine percent confidence limit using the standard chi-square statistical analysis of the difference between the expected result and the observed result;

(2) Runs test. -- Each symbol or number may not produce a significant statistic with regard to producing patterns of occurrences. Each symbol or number is random if it meets the ninety-nine percent confidence level with regard to the "runs test" for the existence of recurring patterns within a set of data;

(3) Correlation test. -- Each pair of symbols or numbers is random if it meets the ninety-nine percent confidence level using standard correlation analysis to determine whether each symbol or number is independently chosen without regard to another symbol or number within a single game play; and

(4) Serial correlation test. -- Each symbol or number is random if it meets the ninety-nine percent confidence level using standard serial correlation analysis to determine whether each symbol or number is independently chosen without reference to the same symbol or number in a previous game.
W. Va. Code § 48-30-203 — WV Code / Chapter 48 / Article 30 / Section 203
§48-30-203. Form of notice of recommended order.
Status: repealed

Repealed.

Acts, 2001 5Ex. Sess., Ch. 5.
W. Va. Code § 18-5G-16 — WV Code / Chapter 18 / Article 5G / Section 16
§18-5G-16. Charter contract and enrollment application deadlines for schools opening in 2022, only.
Status: in_force

Notwithstanding any provision of law to the contrary, for public charter schools intending to open in the school year beginning July 1, 2022, only, the last day for the school’s governing board and its authorizer to enter into a charter contract is May 15, 2022. If the charter contract is not executed by May 15, 2022, the approved public charter school may not open until the following school year.

Notwithstanding any provision of law to the contrary, for public charter schools intending to open in the school year beginning July 1, 2022, only, the primary round of public charter school student enrollment applications, lottery and enrollment shall conclude on May 15, 2022.
W. Va. Code § 62-4-15 — WV Code / Chapter 62 / Article 4 / Section 15
§62-4-15. Limitation upon collection of fines.
Status: in_force

No prosecution by warrant for the recovery of a fine shall be commenced, unless it be done within one year after there was cause therefor, except in cases where a different limitation is prescribed by law.
W. Va. Code § 1-2-2B — WV Code / Chapter 1 / Article 2 / Section 2B
§1-2-2b. Precinct boundary changes.
Status: in_force

(a) If an election precinct of this state includes territory contained in more than one senatorial or delegate district, as such senatorial districts are established by §1-2-1 of this code and as such delegate districts are established by §1-2-2 of this code or, if following the legislative redistricting, an election precinct change, division, or consolidation is necessary pursuant to §3-1-7 of this code, the county commission of the county in which the precinct is located shall, prior to January 21, 2022, alter the boundary lines of its election precincts so that no precinct contains territory included in more than one senatorial or delegate district. Notice of the proposed precinct changes shall be published as a Class II-0 legal advertisement in compliance with the provisions of §59-3-1 et seq . of this code. The publication area is the county in which the precinct or precincts are located. Notwithstanding any other provisions of this code, the county commission shall only be required to provide this notice 15 days in advance of the proposed changes.

(b) If a magisterial district boundary change is required, pursuant to §7-2-2 of this code, following the legislative redistricting, notice of the proposed magisterial district boundary changes shall be published in the manner prescribed by §7-2-2 of this code for a period of no less than 14 consecutive days prior to the county commission’s meeting in which such action is proposed to be taken.
W. Va. Code § 15-2A-6E — WV Code / Chapter 15 / Article 2A / Section 6E
§15-2A-6e. State police reemployment.
Status: in_force

(a) Notwithstanding any provision of this article to the contrary, a retirant who becomes reemployed by the agency after the effective date of his or her retirement must have a bona fide separation from service upon retirement to be eligible for an annuity under the retirement system. If a retirant fails to have a bona fide separation from service upon retirement or if such retirant or the agency fails to comply with subsection (b) of this section in a manner satisfactory to the board, then the member’s retirement shall be voided and the member shall repay to the system the gross amount of all annuity payments received related to such voided retirement; provided further that the board may take any actions necessary or appropriate in accordance with the provisions of §15-2A-23 of this code to recover such annuity payments so that an in-service distribution is not deemed to have been made.

(b) Prior to any retirant subsequently becoming employed by the agency, whether on a permanent, full-time, part-time, substitute, per diem, temporary or leased employee basis, the agency shall notify the board and the retirant, in writing, if and when any such potential employment will negatively impact the retirant’s retired status or benefits. Upon the retirant’s acceptance of such employment, the agency shall notify the board, in writing, of the retirant’s subsequent employment. The retirement board may also require of retirants and the agency such reports, forms and verifications as it deems necessary to ensure that a bona fide separation from service has occurred.
W. Va. Code § 30-1-2 — WV Code / Chapter 30 / Article 1 / Section 2
§30-1-2. Oath.
Status: in_force

Every person appointed as a member of any board referred to in this article, before proceeding to exercise the authority or discharge the duties of the office, shall take the oath prescribed by section 5 of article IV of the state Constitution, and shall file the certificate thereof with the Secretary of State.
W. Va. Code § 8-6-3 — WV Code / Chapter 8 / Article 6 / Section 3
§8-6-3. Governing body of municipality to certify annexation; order.
Status: in_force

The governing body of such municipality shall enter the results of such election in its minutes, and, when the annexation proposed is adopted, as provided in the immediately preceding section of this article, shall forward a certificate to such effect to the county court of the county wherein the municipality or the major portion of the territory thereof, including the annexed territory, is located; and such court shall thereupon enter an order in substance as follows:

"A certificate of the governing body of the municipality of ............................ was this day filed showing that an annexation has been made, in the manner required by law, to the corporate limits thereof, and that by such annexation the said corporate limits are as follows:

"Beginning at (here recite the boundaries as changed). It is, therefore, ordered that such annexation to said corporate limits be, and the same is hereby approved and confirmed, and the clerk of this court is directed to deliver to the said governing body a certified copy of this order as soon as practicable after the rising of this court."

After the date of such order, the corporate limits of the municipality shall be as set forth therein.
W. Va. Code § 3-3-7 — WV Code / Chapter 3 / Article 3 / Section 7
§3-3-7. Delivery of absentee ballots to polling places.
Status: in_force

(a) Except as otherwise provided in this article, in counties using paper ballots systems or voting machines, the absentee ballots of each precinct, together with the applications for the absentee ballots, the affidavits made in connection with assistance in voting and any forms, lists and records as may be designated by the Secretary of State, are to be delivered in a sealed carrier envelope to the election commissioner of the precinct at the time he or she picks up the official ballots and other election supplies as provided in section twenty-four, article one of this chapter.

(b) Absentee ballots received after the election commissioner has picked up the official ballots and other election supplies for the precinct are to be delivered to the election commissioner of the precinct who has been designated pursuant to section twenty-four, article one of this chapter, by the official designated to supervise and conduct absentee voting in person or by messenger before the closing of the polls, provided the ballots are received by the official in time to make the delivery. Any ballots received by the official after the time that delivery may reasonably be made but within the time required as provided in subsection (g), section five of this article are to be delivered to the board of canvassers along with the provisional ballots.
W. Va. Code § 32A-2-23 — WV Code / Chapter 32A / Article 2 / Section 23
§32A-2-23. Liability of licensees.
Status: in_force

Except in cases of gross negligence or intentional acts that result in harm to a person, a licensee's responsibility to a person for a money transmission conducted on that person's behalf by the licensee or the licensee's authorized delegate is limited to the amount of money transmitted or the face amount of the payment instrument purchased.