FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 3-1-32 — WV Code / Chapter 3 / Article 1 / Section 32
§3-1-32. Opening and closing polls; procedure.
Status: in_force

At the time of opening the polls in all precincts wherein voting machines are not to be used, the election commissioners shall examine the ballot box and ascertain that there are no ballots in the same, and they shall thereupon securely lock the box and give one key to one of the commissioners and one to a commissioner of the opposite political party, who shall hold the same, and such boxes shall not be again opened until the time to begin counting the votes arrives and for that purpose. At or before opening the polls, the commissioners of election shall open the package containing the ballots in such manner as to preserve the seals intact and thereupon deliver all of the ballots to the poll clerk. Before any voter is permitted to vote, the commissioners of election shall proclaim that such election is opened. When the polls are closed, proclamation must be made of the fact by one of the commissioners of election to the people outside, in a loud and audible tone of voice, and a minute of such proclamation and of the time when it was made must be entered on the pollbooks by the clerks. The election commissioner shall permit those electors to vote who are present at the polling place prior to the hour specified for the closing of the polls: Provided, That at that time they are in a line awaiting their turn to vote within the voting room itself or, if the line extends outside of the voting room itself, within that line. In that event an election commissioner from each party shall immediately after the closing proclamation begin with the last voter in line and together supply the voters within the line with waiting-voter permits which shall be prescribed by the Secretary of State. Each voter shall sign his permit in the presence of both commissioners who shall then likewise affix their signatures to the permit in the presence of the voter and each other. After each such voter in line has received and signed his permit and the election commissioners have affixed their signatures thereto, voting shall be resumed. Each voter shall present his permit to one of the poll clerks so that the signature thereon may be compared to the voter's signature when he signs the pollbook. Each permit so presented shall be attached to the page in the pollbook on which the voter affixed his signature. In no case shall any person who arrives at the polling place after the closing hour be given a waiting-voter permit or be allowed to vote. After the final voter presents his waiting-voter permit and casts his ballot no more ballots shall be cast or received.
W. Va. Code § 39-4-6 — WV Code / Chapter 39 / Article 4 / Section 6
§39-4-6. Personal appearance required.
Status: in_force

(a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer, unless the individual making the statement or executing the signature appears personally by communication technology, as provided in §39-4-37 or §39-4-38 of this code.

(b) The Secretary of State shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq . of this code establishing specific requirements for the performance of a notarial act on behalf of an individual appearing before a notary public by means of communication technology.
W. Va. Code § 31A-8F-25 — WV Code / Chapter 31A / Article 8F / Section 25
§31A-8F-25. Books, accounts and records.
Status: in_force

Each foreign bank which is licensed to establish and maintain a West Virginia state agency or West Virginia representative office shall maintain or make available at any such office appropriate books, accounts and records in the English language reflecting: (i) All transactions effected by or on behalf of such office; and (ii) all actions taken in this state by employees of the foreign banking corporation located in this state to effect transactions on behalf of any office of the foreign bank located outside this state.
W. Va. Code § 62-1C-13 — WV Code / Chapter 62 / Article 1C / Section 13
§62-1C-13. Same -- Defects in form of bail.
Status: in_force

No action or judgment for forfeiture of bail shall be defeated or arrested by the neglect or omission to record the declaration of forfeiture or by reason of any defect in the form of the bail, if it appear to have been taken by a court or justice authorized to take it, and be substantially sufficient.
W. Va. Code § 21-5F-1 — WV Code / Chapter 21 / Article 5F / Section 1
§21-5F-1. Legislative findings and purpose.
Status: in_force

The Legislature finds and declares that:

(1) It is essential that qualified registered nurses and other licensed health care workers providing direct patient care be

available to meet the needs of patients;

(2) Quality patient care is jeopardized by nurses that work unnecessarily long hours in hospitals;

(3) Health care workers, especially nurses, are leaving their profession because of workplace stresses, long work hours and depreciation of their essential role in the delivery of quality, direct patient care;

(4) It is necessary to safeguard the efficiency, health and general well-being of health care workers in hospitals, as well as the health and general well-being of the persons who use their services;

(5) It is further necessary that health care workers be aware of their rights, duties and remedies with regard to hours worked

and patient safety; and

(6) Hospitals should provide adequate safe nursing staffing without the use of mandatory overtime.
W. Va. Code § 29-3E-3 — WV Code / Chapter 29 / Article 3E / Section 3
§29-3E-3. Production or transportation of fireworks.
Status: in_force

A person may produce or transport a firework that is a new explosive and that is either a division 1.3 explosive or division 1.4 explosive if the person first meets the requirements of 49 C.F.R. §173.56(2)(j) (2014).
W. Va. Code § 61-3C-21 — WV Code / Chapter 61 / Article 3C / Section 21
§61-3C-21. Severability.
Status: in_force

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications of this article which can be given effect without the invalid provision or application, and to that end the provisions of this article are declared to be severable.
W. Va. Code § 18B-22-1 — WV Code / Chapter 18B / Article 22 / Section 1
§18B-22-1. Definitions.
Status: in_force

For purposes of this article:

"Athlete agent" means an individual who holds a valid certificate of registration as an athlete agent issued pursuant to §30-39-5 of this code.

"Attorney" means an attorney licensed to practice law in the State of West Virginia.

"Compensation" means any type of remuneration or anything of value: Provided , That compensation does not include any (i) scholarship provided to a student-athlete that covers some or all of the cost of attendance at an institution at which the student-athlete is enrolled or (ii) benefit a student-athlete may receive in accordance with the rules of the relevant athletic association or conference.

"Institution" means a state institution of higher education as defined in §18B-1-2 of this code.

"Institutional marks" means the name, logo, trademarks, mascot, unique colors, copyrights, and other defining insignia of an institution.

"Intercollegiate athletics" means programs at an institution for sports played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of college athletics.

"Name, image, or likeness" means a student-athlete’s name, image, or likeness, including but not limited to caricature, nicknames, pseudonyms, voice, live or recorded performances, photographs, videos, audio recordings, signatures, quotations, biographical data or information and any other personal characteristics or physical or vocal likenesses of student-athlete; any and all intellectual property rights owned by or on behalf of student-athlete relating to, based on or derived from any of the foregoing; and any and all other materials originating or relating to the student-athlete or any of the foregoing, including services and activities of the student-athlete related to the use of the foregoing.

"Official team activities" means all games, practices, exhibitions, scrimmages, team appearances, team photograph sessions, sports campus sponsored by the institution, and other team-organized activities, including, but not limited to, individual photograph sessions, news media interviews, and other related activities as specified by the institution.

"Student-athlete" means an individual enrolled at an institution who participates in intercollegiate athletics.
W. Va. Code § 10-3A-2 — WV Code / Chapter 10 / Article 3A / Section 2
§10-3A-2. Monument construction commission.
Status: in_force

(a) A commission shall be established on July 1, 2022, to oversee construction of the monument. The commission shall be comprised of:

(1) The Curator of the Department of Arts, Culture, and History, who shall serve as chairperson;

(2) A member of the West Virginia House of Delegates, who shall be appointed by the Speaker of the House of Delegates;

(3) A member of the West Virginia Senate, who shall be appointed by the President of the Senate;

(4) A representative of the City of Fairmont, to be appointed by the city council of Fairmont, West Virginia; and

(5) A representative of the West Virginia University College of Creative Arts.

(b) A majority of the members of the commission must be present at a meeting to constitute a quorum, and a majority of those members present at a meeting must vote in the affirmative in order to pass a motion. A meeting may be called by the chair and at least five days written notice of the meeting must be provided to the members of the commission. The chair may call a meeting upon a written demand by at least three members.
W. Va. Code § 16B-15-2 — WV Code / Chapter 16B / Article 15 / Section 2
§16B-15-2. Background check program for the department, covered providers, and covered contractors.
Status: in_force

(a) The director shall create and implement a background check program to facilitate the processing and analysis of the criminal history and background of applicants to the department, covered providers, and covered contractors with direct access. This program shall be called the West Virginia Clearance for Access: Registry and Employment Screening.

(b) The purpose of the program is to protect West Virginia's vulnerable populations by requiring registry and criminal background checks for all direct access personnel of the department, covered providers, and covered contractors.

(c) The program shall include:

(1) A centralized Internet-based system of registries to allow the department, covered providers, and covered contractors to perform a mandatory prescreening of applicants;

(2) Fingerprint-based state and federal criminal background checks on all direct access personnel; and

(3) An integrated Rap Back Program with the State Police to allow retention of fingerprints and updates of state and federal criminal information on all direct access personnel until such time as the individual is no longer employed or engaged by the department, the covered provider, or covered contractor.

(d) The director shall notify applicants subject to a criminal history record check that their fingerprints shall be retained by the State Police Criminal Identification Bureau and the Federal Bureau of Investigation.
W. Va. Code § 15-1B-16 — WV Code / Chapter 15 / Article 1B / Section 16
§15-1B-16. Pay and allowances.
Status: in_force

(a) Pay and allowances for officers and enlisted personnel of the National Guard for drill, encampment or other duty for training prescribed or ordered by the federal government shall be such as are provided by the laws of the United States.

(b) Officers and enlisted personnel of the National Guard in active service of the state shall receive the same pay and allowances, in accordance with their rank and service, as are prescribed for the Armed Forces of the United States: Provided, That no member of the National Guard shall receive base pay of less than $100 per day while he or she is in active service of the state.

(c) Notwithstanding any of the provisions of this article, members of the National Guard may, with their consent, perform without pay, or without pay and allowances, any duties prescribed by section thirteen of this article pursuant to competent orders therefor: Provided, That necessary expenses may be furnished such personnel within the discretion of the Adjutant General.
W. Va. Code § 48-29-101 — WV Code / Chapter 48 / Article 29 / Section 101
§48-29-101. Emancipation from all disabilities under common law.
Status: in_force

PART 1. EMANCIPATION FROM ALL

DISABILITIES AND INCAPACITIES.

All married women, including married women who are not residents of this state to the extent that they are affected by the laws of this state, are fully emancipated from all the disabilities and relieved from all the incapacities to which they were formerly subject under common law.
W. Va. Code § 33-32-5 — WV Code / Chapter 33 / Article 32 / Section 5
§33-32-5. Tax on premiums collected.
Status: in_force

(a) Each risk retention group shall pay to the commissioner, annually on March 1, a tax at the rate of two percent of the taxable premiums on policies or contracts of insurance covering property or risks in this state and on risk and property situated elsewhere upon which no premium tax is otherwise paid during the previous year. Each risk retention group is also subject to the additional premium taxes levied by sections fourteen-a and fourteen-d, article three of this chapter.

(b) The taxes provided for in this section constitute all taxes collectible under the laws of this state from any risk retention group, and no other premium tax or other taxes shall be levied or collected from any risk retention group by the state or any county, city or municipality within this state, except ad valorem taxes. Each risk retention group shall be subject to the same interests, additions, fines and penalties for nonpayment as are generally applicable to insurers.

(c) To the extent that a risk retention group uses insurance agents, each agent shall keep a complete and separate record of all policies procured from each risk retention group. The record shall be open to examination by the commissioner, as provided in section nine, article two of this chapter. These records shall, for each policy and each kind of insurance provided under the policy, include the following:

(1) The limit of liability;

(2) The time period covered;

(3) The effective date;

(4) The name of the risk retention group which issued the policy;

(5) The gross premium charged; and

(6) The amount of return premiums, if any.
W. Va. Code § 10-2A-10 — WV Code / Chapter 10 / Article 2A / Section 10
§10-2A-10. Bonds to be payable from special fund; exemption from taxation.
Status: in_force

Funds for the payment of all or such part of the costs of such athletic establishment as may be determined by the board, shall be provided by the issuance of revenue bonds of such board. Such bonds shall be payable solely from the special fund herein provided for such payment; and such bonds shall not in any respect be a corporate indebtedness of the county court, municipal corporation or county board of education issuing the same. All such bonds shall be exempt from taxation by the State of West Virginia or any county or municipality therein. All of the details of such bonds and the issuance thereof shall be determined by resolution of the board.
W. Va. Code § 33-13-8 — WV Code / Chapter 33 / Article 13 / Section 8
§33-13-8. Loans on policies.
Status: in_force

(a) There shall be a provision that after the policy has a cash surrender value and while no premium is in default beyond the grace period for payment, the insurer will advance, on proper assignment of pledge of the policy and on the sole security thereof, at a specified rate of interest not exceeding eight percent per annum, or seven and four-tenths percent per annum if payable annually in advance, an amount equal to or, at the option of the party entitled thereto, less than the loan value of the policy. The loan value of the policy shall be at least equal to the cash surrender value at the end of the then current policy year: Provided, That the insurer may deduct, either from such loan value or from the proceeds of the loan, any existing indebtedness not already deducted in determining such cash surrender value including any interest then accrued but not due, any unpaid balance of premium for the current policy year, and interest on the loan to the end of the current policy year. The policy may also provide that if interest on any indebtedness is not paid when due it shall then be added to the existing indebtedness and shall bear interest at the same rate, and that if and when the total indebtedness on the policy, including interest due or accrued, equals or exceeds the amount of the loan value thereof, then the policy shall terminate and become void. The policy shall reserve to the insurer the right to defer the granting of a loan, other than for the payment of any premium to the insurer, for six months after application therefor. The policy, at the insurer's option, may provide for automatic premium loan, subject to an election of the party entitled to elect. In any policy issued by conversion of a term insurance policy in force prior to the effective date of this act, the policyholder shall be entitled to a loan at an interest rate in effect on the date of original purchase.

(b) This section shall not apply to term policies nor to term insurance benefits provided by rider or supplemented policy provision.

(c) This section shall not impair the terms and conditions of any policy of life insurance in force prior to the effective date thereof.

(d) As a condition for approval of a policy loan interest rate in excess of six percent per annum, but not in excess of the rate provided in this section, the Insurance Commissioner shall require the insurer to furnish such assurances as he deems necessary that the holders of such policies will benefit through higher dividends or lower premiums or both.
W. Va. Code § 62-1-2 — WV Code / Chapter 62 / Article 1 / Section 2
§62-1-2. Warrant -- Issuance.
Status: in_force

If it appears from the complaint that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to arrest persons charged with offenses against the state. More than one warrant may issue on the same complaint.
W. Va. Code § 57-1-7D — WV Code / Chapter 57 / Article 1 / Section 7D
§57-1-7d. Records provided on computer or optical disc.
Status: in_force

Notwithstanding any other provision of this code to the contrary, where any provision of this code requires that a copy of any record of any branch of the government of this state be provided or delivered, the custodian of said record is authorized to comply with the requirement by providing or delivering a true copy in the form of a computer or optical disc which is not subject to alteration, is formatted to write once read many, and is attested by the custodian thereof to be a true, accurate and complete copy of the record required to be provided or delivered.
W. Va. Code § 30-1C-1 — WV Code / Chapter 30 / Article 1C / Section 1
§30-1C-1. Purpose.
Status: in_force

In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The Compact creates another pathway for licensure and does not otherwise change a state's existing medical practice statutes. The Compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located.

State medical boards that participate in the Compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the Compact.
W. Va. Code § 27-17-3 — WV Code / Chapter 27 / Article 17 / Section 3
§27-17-3. License from Office of Health Facility Licensure and Certification; regulations; and penalties.
Status: in_force

(a) No group residential facility shall be established or operated unless a license is obtained from the Office of Health Facility Licensure and Certification. The Inspector General shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq., including the operation of the group residential facility; a statement of the rights of patients in group residential facilities to ensure the adequate care and supervision of patients; and shall have the authority to investigate and inspect a facility, and may impose a civil money penalty, suspend or revoke the license for good cause after notice, hearing, and other due process rights as provided by legislative rule.

(b) A group residential home is not required to obtain a license from the Inspector General.
W. Va. Code § 31B-1-113 — WV Code / Chapter 31B / Article 1 / Section 113
§31B-1-113. Disclosures required by limited liability companies holding certain licenses.
Status: in_force

Notwithstanding any provisions of this code to the contrary, any limited liability company seeking or holding a Class A liquor license issued pursuant to the provisions of article seven, chapter sixty of this code, or which seeks or holds a license under the provisions of article twenty-two-b, chapter twenty-nine of this code shall disclose in any required application the identities of all members or persons entitled to a distribution under section one hundred one, article one, chapter thirty-one-b, or if the license is already held, shall reveal the identities of all members or persons entitled to a distribution under section one hundred one, article one, chapter thirty-one-b, to the regulatory agency overseeing the licensee.
W. Va. Code § 64-9-23 — WV Code / Chapter 64 / Article 9 / Section 23
§64-9-23. Senior Services.
Status: in_force

The legislative rule filed in the State Register on July 21, 2025, authorized under the authority of §16-5S-9a of this code, relating to the Senior Services (shared table initiative for senior citizens, 76 CSR 06), is authorized.