FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 17-19-12 — WV Code / Chapter 17 / Article 19 / Section 12
§17-19-12. Unlawful display of insignia of motor club.
Status: in_force

It shall be unlawful for any person to display upon a motor vehicle in this state the insignia or emblem of any motor vehicle club or similar organization, unless he shall be entitled to use the same under the Constitution, bylaws, rules or regulations of such club or organization. Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $10 nor more than $50.
W. Va. Code § 6-11-1 — WV Code / Chapter 6 / Article 11 / Section 1
§6-11-1. Persons entitled to leave.
Status: in_force

Any person holding any office or position of public trust, responsibility or service, elective or appointive, in the government of this state or in any county, municipality or any other unit or combined unit of government therein, who may enter the military, naval, marine corps or coast guard service of the United States of America, may obtain a leave of absence from such office or position and, upon the completion of and discharge from any of such armed services, shall have the right to reassume for the unexpired or remaining term thereof, the office or position held by such person at the time of entering any of such armed services. The officer, court, tribunal, board or person having the power to make an original appointment to such office or position, or to make an appointment to fill a vacancy therein, shall, upon request, grant such leave of absence. The reassumption of any office or position as herein provided shall be without any prejudice whatsoever to the status, merit rating or standing of the holder thereof by reason of his absence therefrom while in the aforesaid armed services of the United States.
W. Va. Code § 10-5-3 — WV Code / Chapter 10 / Article 5 / Section 3
§10-5-3. Powers of commission.
Status: in_force

The commission may:

(1) Act as advisor and consultant to television and radio stations concerning noncommercial educational programs supported by federal, state, county, city, or private funds;

(2) Cooperate with and assist all local and state educational institutions in planning and development of the use of educational radio, television, and related media;

(3) Promote and coordinate the use of these media for noncommercial educational purposes;

(4), Construct, maintain, and operate educational broadcasting, closed circuit, or related facilities located at a suitable site or sites within this state including, without limitation thereby, production centers, broadcasting stations, and an audio-video microwave system for a statewide broadcasting network connecting such communities or stations as may be designated by the commission;

(5) Acquire in the name of the state for the use and benefit of the commission by purchase, lease, or agreement, any property, both real and personal, and any interest in such property necessary to carry out the provisions of this article;

(6) Apply for and receive any license from the appropriate federal agency necessary to operate any educational broadcasting, closed circuit, or related facility;

(7) Supervise and approve the origination and transmission of all noncommercial educational radio, television, and related media programs in this state which would be carried through the facilities of a state network;

(8) Employ such personnel as may be necessary to operate and maintain any facility created under the provisions of this article, and to work with private nonprofit corporations to raise funds for the financial support of the state's public broadcasting network;

(9) Lease from communications common carriers and use such transmission channels as may be necessary or, if it determines it could more economically construct and maintain such transmission channels, it may design, construct, maintain, and operate the same, including an audio-video microwave network;

(10) Sue and be sued, plead and be impleaded;

(11) Contract and be contracted with, including the power to enter into contracts with any person, firm, or corporation, including any like commission of neighboring states; and shall have the authority, within state regulations, to enter into program royalty and distribution contracts and receive moneys for these purposes: Provided , That any proceeds from such contracts shall be used by the commission for noncommercial purposes only;

(12) Have and use a corporate seal;

(13) Promulgate reasonable rules to carry out the provisions of this article in accordance with §29A-3-1 et seq . of this code; and

(14) Perform such other services on behalf of noncommercial educational radio, television, and related media as it may consider to be in the best interest of the state, including the use of the commission's employees, property, and facilities for the purpose of raising funds for the support of public broadcasting.
W. Va. Code § 8-13-2 — WV Code / Chapter 8 / Article 13 / Section 2
§8-13-2. Correcting erroneous tax levy.
Status: in_force

Upon the petition of interested persons, as provided in chapter eleven of this code for superseding levies, the circuit court of the county in which the municipality or the major portion of the territory thereof is located may supersede a levy made by such municipality, in the same manner, and to the same effect, as provided in said chapter. The court, if it deem proper to do so, may require security for costs.
W. Va. Code § 29-35-2 — WV Code / Chapter 29 / Article 35 / Section 2
§29-35-2. West Virginia Workforce Resiliency Office.
Status: in_force

(a) It is determined that a state authority is necessary to coordinate and better facilitate efforts toward workforce development, job training, education, and resource management between government agencies, private partners, federal programs, and all other entities working to develop, train, and reinvigorate West Virginia’s workforce. Therefore, the West Virginia Workforce Resiliency Office is hereby created.

(b) The West Virginia Workforce Resiliency Office shall be organized within the Office of the Governor:

(1) The West Virginia Workforce Resiliency Officer shall be appointed by the Governor with the advice and consent of the Senate;

(2) The West Virginia Workforce Resiliency Officer shall be vested with the authority and duties prescribed to the office within this article; and

(3) The West Virginia Workforce Resiliency Officer shall be a person who has managerial or strategic planning experience in matters relating to workforce development, job training, or related fields.
W. Va. Code § 38-16-101 — WV Code / Chapter 38 / Article 16 / Section 101
§38-16-101. Definitions; application of definitions.
Status: in_force

PART I. DEFINITIONS.

For the purposes of this article, the words and phrases defined in the following sections of this part I, and any variation of those words and phrases required by the context, have the meanings ascribed to them in this part I. These definitions are applicable unless a different meaning clearly appears from the context.
W. Va. Code § 16A-13-1 — WV Code / Chapter 16A / Article 13 / Section 1
§16A-13-1. Definitions.
Status: in_force

(a) The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

(1) “Health care medical cannabis organization”. A vertically integrated health system approved by the bureau to dispense medical cannabis or grow and process medical cannabis, or both, in accordance with a research study under this chapter.

(2) “Vertically integrated health system”. A health delivery system in which the complete spectrum of care, including primary and specialty care, hospitalization and pharmaceutical care, is provided within a single organization.
W. Va. Code § 33-17-1 — WV Code / Chapter 33 / Article 17 / Section 1
§33-17-1. Scope of article.
Status: in_force

This article shall apply to fire insurance and marine insurance, except that it shall not apply to reinsurance.
W. Va. Code § 29-3E-9 — WV Code / Chapter 29 / Article 3E / Section 9
§29-3E-9. Exemptions.
Status: in_force

This article does not prohibit any of the following:

(1) The use of fireworks by railroads or other transportation agencies for signaling purposes or illumination;

(2) The use of agricultural and wildlife fireworks;

(3) The sale or use of blank cartridges for a theatrical performance, use by military organizations or signal or ceremonial purposes in athletics or sports; or

(4) The possession, sale or disposal of fireworks incidental to the public display of fireworks by wholesalers or other persons who have a permit to possess, store and sell explosives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the United States Department of Justice and the State Fire Marshal.
W. Va. Code § 18-9-6A — WV Code / Chapter 18 / Article 9 / Section 6A
§18-9-6a. County Board of Education treasurer authorized to make funds available to state Board of Investments; allocation of income.
Status: in_force

Notwithstanding any other provision of this code, when it appears to any of the various county boards of education that funds on deposit in its demand deposit account exceed the current requirements or demands, and it further be determined by the treasurer for such county board of education that the available interest rate offered by an acceptable depository in such treasurer's county be less than the interest rate, net of administrative fees referred to in article six, chapter twelve of this code, offered it through the state Board of Investments, the county board of education treasurer may, with the approval in writing of each county board of education whose funds are involved, make such funds available to the state Board of Investments for investment in accordance with the provisions of said article six, chapter twelve of the code. Any county board of education treasurer may enter into an agreement with any state agency from which they receive funds to allow such funds to be transferred to their investment account with the state Board of Investments.

Any income earned on such investment shall be allocated by such treasurer to the board of Education whose funds were made available, such allocation to be made in accordance with the accounting and allocation principles established by the board of Investments.
W. Va. Code § 30-3C-5 — WV Code / Chapter 30 / Article 3C / Section 5
§30-3C-5. Original source; waivers; further proceedings.
Status: in_force

Information available from original sources are not to be construed as immune from discovery or use in any civil action merely because they were included in any report or analysis related to improving the quality, delivery, or efficiency of health care or for the purpose of credentialing or reviewing health care providers. Documents contained in peer review files are not discoverable on the basis that they were not created as part of the peer review process; rather, the document must be produced from the original source: Provided, That if the party seeking production can show that obtaining source documents will be unduly burdensome, the court may, in its discretion, order production of the nonprivileged documents contained in the peer review file.
W. Va. Code § 24-1-8 — WV Code / Chapter 24 / Article 1 / Section 8
§24-1-8. Legal counsel for the commission.
Status: in_force

The commission may employ counsel to represent it in proceedings before it on application, complaint, or otherwise, and proceedings of any nature in any and all courts or before administrative or executive boards and to act as legal advisers to the commission in all matters for which their services, in the opinion of the commission, are required. The compensation of such counsel shall be fixed by the commission and shall be paid as are other employees of the commission. The commission shall notify the Attorney General of any action or suit brought against the commission.
W. Va. Code § 18-34-1 — WV Code / Chapter 18 / Article 34 / Section 1
§18-34-1. Laken's Law.
Status: in_force

(a) The Fentanyl Prevention and Awareness Education Act or “Laken’s Law” would help prevent overdose deaths in teens and young adults due to fentanyl and fentanyl components. This shall be accomplished through education of students in grades 6-12 in all public schools and be mandated annually using the following methods:

(1) Students will be taught about fentanyl, heroin, and opioids awareness, prevention, and abuse;

(2) Students will be instructed in the life-saving use of FDA-approved opioid reversal agents;

(3) Students will be instructed on the prevention of the abuse of and addiction to fentanyl;

(4) Students will be instructed on available state and community resources and organizations that work to prevent and reduce youth substance use; and

(5) Students will receive health education covering the issues of substance abuse and youth substance abuse in particular.

(b) This mandatory instruction will begin in the 2024-2025 school year.
W. Va. Code § 29-12-9 — WV Code / Chapter 29 / Article 12 / Section 9
§29-12-9. Penalties for violation of article.
Status: in_force

Any person placing or aiding, abetting, or conspiring to place state insurance in violation of any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof shall be fined not to exceed $1,000 or imprisoned for a period not to exceed six months, or may be punished by both such fine and imprisonment.
W. Va. Code § 51-9-5 — WV Code / Chapter 51 / Article 9 / Section 5
§51-9-5. Election not to participate, contribute, or be a member; authorized transfers of service credit by a judge; duplicate use of service credit prohibited.
Status: in_force

(a) Notwithstanding any provisions of this article, any judge may in writing notify the Auditor within thirty days after he or she takes office, or, if he or she is in office, on the date this article becomes effective, then within thirty days from such latter date, that such judge elects not to become a member or make any payments or contributions to the trust fund, in which event every judge, so electing, shall not thereafter at any time be entitled to receive any retirement pay or benefits under provisions of this article, and any deduction that may have theretofore been made from the salary of such judge and paid into the fund shall be refunded without interest, to him or her by the Auditor by warrant drawn on the trust fund. Any judge who has so elected not to become a member or not to contribute, shall nevertheless thereafter be permitted to become such member, contribute and become eligible for retirement benefits by paying into the Judges' Retirement Fund all contributions such judge would have been required to pay into the fund, together with interest thereon at a rate to be determined by the State Auditor as reasonable for such prior periods, as if such judge had not previously elected not to be a member and not to contribute.

(b) There may be transfers of service credit on proper basis between the judges' retirement system and the Public Employees Retirement System, where such service credit constitutes qualified and eligible credit under the recipient system's statutes, in order to allow full flexibility of choice of option by a judge or judicial member; but in no case shall benefits be receivable from more than one of such state retirement systems, nor shall any service credit be usable more than once and then only in the finally chosen state retirement system.
W. Va. Code § 8A-6-3 — WV Code / Chapter 8A / Article 6 / Section 3
§8A-6-3. Enforcement and guarantees.
Status: in_force

(a) The planning commission is vested with all the necessary authority to administer and enforce conditions attached to the final plat approved for a development project, including, but not limited to, the authority to:

(1) Order, in writing, the remedy for any noncompliance with the conditions;

(2) Bring legal action to ensure compliance with the conditions, including injunction, abatement, or other appropriate action or proceeding; and

(3) Require a guarantee satisfactory to the planning commission in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the planning commission upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part.

(b) Failure to meet all conditions attached to the final plat approved for a development project shall constitute cause to deny the issuance of any of the required use, occupancy or improvement location permits, as may be appropriate.
W. Va. Code § 18-2-8B — WV Code / Chapter 18 / Article 2 / Section 8B
§18-2-8b. West Virginia Remembers Program; rulemaking.
Status: in_force

(a) There is hereby created the “West Virginia Remembers Program” whereby children in the public schools may learn about military service, patriotism and courage in the defense of our country from veterans who volunteer to share their experiences in the educational setting. Participation in the program by classroom teachers is voluntary and may not be considered a course requirement or mandatory in any other way.

(b) The state board may promulgate a rule in accordance with §29A-3B-1 et seq. of this code to implement this section with regard to solicitation of speakers from veterans’ groups and maintenance of lists by county boards of available speakers.
W. Va. Code § 8-27-7 — WV Code / Chapter 8 / Article 27 / Section 7
§8-27-7. Meetings of authority; officers; employees; official bonds; records of authority public records.
Status: in_force

At its first meeting, to be held no later than sixty days from the creation of the authority as provided in section four of this article, the board shall elect from its membership a president to act during the next ensuing fiscal year, or until his successor is elected and qualified. At that time, the board shall also elect a vice president, a secretary and a treasurer and such other officers as may be required, who need not be members of the board, whose duties shall be defined and whose compensation shall be fixed by the board and paid out of the funds of the authority. The treasurer, and such other officers and employees as the board shall direct, shall furnish bond for the use and benefit of the authority in such penal sum as may be fixed by the board and conditioned upon the faithful discharge by such treasurer and such other officers and employees so directed by the board of the duties of their respective offices or employment, and upon accounting for and paying over all moneys which may come into their possession by virtue of such office or employment. At its first meeting the board shall also fix the time and place for holding regular meetings, but it shall meet at least once in the months of January, April, July and October. Special meetings of the board may be called by the president or by two members upon written request to the secretary. The secretary shall send to all the members, at least two days in advance of a special meeting, a written notice setting forth the time and place of the special meeting and the matters to be considered at such special meeting. Written notice of a special meeting is not required if the time of the special meeting has been fixed in a regular meeting, or if all the members are present at the special meeting. All regular meetings shall be general meetings for the consideration of any and all matters which may properly come before an authority. All proceedings of the authority shall be entered in a permanently bound record book, properly indexed, and the same shall be carefully preserved by the secretary of the authority. All records of the authority shall be public records.
W. Va. Code § 4-2A-3 — WV Code / Chapter 4 / Article 2A / Section 3
§4-2A-3. Compensation for members of the Legislature during any extension of regular session or during extraordinary session.
Status: in_force

Each member of the Legislature shall receive, in addition to the basic compensation provided for in §4-2A-2 of this code, additional compensation of $200 per day for each day of attendance in person upon any business of the Senate or House of Delegates, as the case may be, on each day upon which the Senate or House of Delegates is actually called to order during each extension of regular session or during extraordinary session of the Legislature. The additional compensation shall be paid, from time to time, during any extended session or extraordinary session, as prescribed by rules established by the Legislative Auditor.
W. Va. Code § 31A-2B-8 — WV Code / Chapter 31A / Article 2B / Section 8
§31A-2B-8. Civil remedies.
Status: in_force

(a) Subject to subsection (c) of this section, a customer may bring a civil action for damages, injunctive relief, or both damages and injunctive relief against any financial institution or government entity that causes the customer’s protected financial information to be disclosed in violation of this article. For each violation, the individual may recover:

(1) Against any person who negligently or recklessly violates this article, liquidated damages of $10,000 or actual damages, whichever is greater; or

(2) Against any person who intentionally violates this article, liquidated damages of $25,000 for each or actual damages, whichever is greater.

(b) Subject to subsection (c) of this section, a customer or merchant aggrieved by a violation of §31A-2B-7 of this code may bring a civil action for damages, injunctive relief, or both damages and injunctive relief. Said person may recover liquidated damages of $50,000 or actual damages, whichever is greater.

(c) Right to cure. – Prior to an aggrieved party bringing a civil action pursuant to this section, a financial institution shall have the right to cure an alleged violation of this section, according to the procedures, restrictions, and requirements set forth in §46A-5-108(a) of this code: Provided , That both parties must follow the procedures set forth therein.

(d) Attorney’s fees. – If a court finds that a violation of this article has occurred as the result of a civil action brought pursuant to subsection (a) or subsection (b) of this section, the court shall award reasonable attorney’s fees to the aggrieved party. An award of attorney’s fees is subject to the same limitations set forth in §46A-5-108(f) of this code.

(e) Statute of Limitations. – Any action under this article is barred unless the action is commenced within five years after the aggrieved party knows or reasonably should know of the violation. The statute of limitations provided herein is tolled for the 45-day period set forth in §46A-5-108(a) of this code or for the period the effectuation of the cure offer is being performed, whichever is longer.

(f) The remedies provided in this article are the exclusive civil remedies available to an aggrieved party for violations of this article.
W. Va. Code § 22-34-5 — WV Code / Chapter 22 / Article 34 / Section 5
§22-34-5. Report to the Legislature; sunset date.
Status: in_force

(a) On or before January 15, 2024, annually, the secretary shall prepare and submit to the Joint Committee on Government and Finance a written report, which may be transmitted electronically, evaluating the experience of the West Virginia Department of Environmental Protection with each design-built project completed pursuant to the provisions of this article during the prior calendar year, including whether the department realized any cost or time savings, the number and cost of change orders, the quality of work performed, the number of bids received, and other issues the secretary considers appropriate.

(b) The provisions of this article expire and shall have no force and effect after December 31, 2027.