FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 6-9D-11 — WV Code / Chapter 6 / Article 9D / Section 11
§6-9D-11. Financial planning and supervision committee; rule-making authority.
Status: in_force

(a) Upon the occurrence of a fiscal emergency in any local government, there is established, with respect to that local government, a supervising committee to perform essential governmental functions of the local government to be known as the “financial planning and supervision committee for (name of local government)”, which, in that name, may exercise all authority vested in such a committee provided by this article. Furthermore, if a local government in which fiscal watch or fiscal emergency exists has failed to develop a financial recovery plan the “financial planning and supervision committee for (name of local government)” may develop such a plan for the local government.

(b) The State Auditor shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq . of this code, setting forth the following:

(1) Minimum requirements for the composition of the members of said committee;

(2) The rules of governance for such a committee;

(3) Requirements for the detailed financial recovery plan to be submitted by the subject local government;

(4) The powers, duties and functions of the committee;

(5) The payment of expenses and obligations;

(6) The establishment of enhanced financial reporting;

(7) The requirements of the local government operating under the plan;

(8) Recourse for a noncompliant local government;

(9) Limitations for appropriations;

(10) Communications of the committee;

(11) The approval of debt obligations;

(12) The issuance of general obligation, special obligation, or revenue bonds and notes in anticipation of bonds; and

(13) The continuance and dissolution of the committee.
W. Va. Code § 7-12-5 — WV Code / Chapter 7 / Article 12 / Section 5
§7-12-5. Compensation of members; expenses; recusal of member from voting where conflict of interest involved.
Status: in_force

(a) No member of the authority shall receive any compensation, whether in formal salary, per diem allowance or otherwise, in connection with his or her services as such member: Provided , That each member shall, however, be entitled to reimbursement by the authority for any necessary expenditures in connection with the performance of his or her general duties as such member: Provided however , That each member may be reimbursed for his or her reasonable and necessary expenses, including but not limited to compensation, in connection with his or her performance of other duties as assigned by the authority in connection with the June 2016 flooding event in West Virginia, if such duties and such reimbursement is first approved by a vote of the authority, with the member to be reimbursed being recused from voting upon the question.

(b) Whenever a person associated with a public utility or bank as set out in section four of this article has a conflict of interest between the board and that public utility or bank, then he or she must recuse himself or herself from any vote, discussion or other activity associated with the board or its members that creates the conflict of interest.
W. Va. Code § 16-58-4 — WV Code / Chapter 16 / Article 58 / Section 4
§16-58-4. Standing prescription drug orders for a self-administered hormonal contraceptive.
Status: in_force

The state health officer may prescribe on a statewide basis a self-administered hormonal contraceptive by one or more standing orders in accordance with a protocol consistent with the United States Medical Eligibility Criteria for Contraceptive Use (MEC) Centers for Disease Control and Prevention, that requires:

(1) Use of the self-screening risk assessment questionnaire described below;

(2) Written and oral education;

(3) The timeline for renewing and updating the standing order;

(4) Who is eligible to utilize the standing order;

(5) The pharmacist to make and retain a record of each person to whom the self-administered hormonal contraceptive is dispensed, including:

(A) The name of the person;

(B) The drug dispensed; and

(C) Other relevant information.
W. Va. Code § 15-1E-20 — WV Code / Chapter 15 / Article 1E / Section 20
§15-1E-20. Jurisdiction of summary courts-martial.
Status: in_force

(a) Subject to section seventeen of this article, summary courts-martial have jurisdiction to try persons subject to this article, except officers, cadets, candidates, and midshipmen, for any offense made punishable by this article under such limitations as the Governor may prescribe.

(b) No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that person objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be ordered, as may be appropriate. Summary courts-martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this article except dismissal, dishonorable or bad-conduct discharge, confinement for more than one month, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay.
W. Va. Code § 21-1-6 — WV Code / Chapter 21 / Article 1 / Section 6
§21-1-6. Use of criminal records as disqualification from authorization to engage in licensed profession or occupation.
Status: in_force

(a) The commissioner may not disqualify an applicant from initial licensure, as required in this chapter, because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the activity requiring licensure. In determining whether a criminal conviction bears a rational nexus to a profession or occupation, the commissioner shall consider at a minimum:

(1) The nature and seriousness of the crime for which the individual was convicted;

(2) The passage of time since the commission of the crime;

(3) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and

(4) Any evidence of rehabilitation or treatment undertaken by the individual.

(b) Notwithstanding any other provision of this code to the contrary, if an applicant is disqualified from licensure because of a prior criminal conviction, the commissioner shall permit the applicant to apply for initial licensure if:

(1) A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;

(2) The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and

(3) The conviction was not for an offense of a violent or sexual nature: Provided , That a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the commissioner.

(c) An individual with a criminal record who has not previously applied for licensure may petition the commissioner at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license. This petition shall include sufficient details about the individual’s criminal record to enable the commissioner to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction. The commissioner shall provide the determination within 60 days of receiving the petition from the applicant. The commissioner may charge a fee to recoup its costs for each petition.
W. Va. Code § 48-29-103 — WV Code / Chapter 48 / Article 29 / Section 103
§48-29-103. Emancipation from all disabilities as to personal or real property.
Status: in_force

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, may own in their own right, real and personal property, acquired by descent, gift or purchase and may manage, sell, convey or dispose of any real or personal property to the same extent and in the same manner a married man can property belonging to him
W. Va. Code § 33-31A-3 — WV Code / Chapter 33 / Article 31A / Section 3
§33-31A-3. Formation of sponsored captive insurance companies.
Status: in_force

One or more sponsors may form a sponsored captive insurance company under the provisions of this article. A sponsored captive insurance company shall be incorporated as a stock insurer with its capital divided into shares and held by the stockholders.
W. Va. Code § 17A-3-20 — WV Code / Chapter 17A / Article 3 / Section 20
§17A-3-20. Department may assign new identifying numbers.
Status: in_force

The department may assign a distinguishing number to a motor vehicle whenever the serial number thereon is destroyed or obliterated and issue to the owner a special plate bearing such distinguishing number which shall be affixed to the vehicle in a position to be determined by the commissioner. Such motor vehicle may then be registered under such distinguishing number in lieu of the former serial number.
W. Va. Code § 31E-1-103 — WV Code / Chapter 31E / Article 1 / Section 103
§31E-1-103. Construction of chapter.
Status: in_force

In the event of any inconsistency between any of the provisions of this chapter and the provisions made for particular classes of corporations by chapter thirty-one, thirty-one-a or thirty-three of this code, the provisions contained in chapter thirty-one, thirty-one-a or thirty-three prevail to the extent of the inconsistency.
W. Va. Code § 11-15B-25 — WV Code / Chapter 11 / Article 15B / Section 25
§11-15B-25. Uniform tax returns.
Status: in_force

(a) General.--

A seller who registers with this state is required to file a single sales and use tax return with the Tax Commissioner for each taxing period.

(b) Due date of return.--

(1) This return shall be due on the twentieth day of the month following the month in which the transaction subject to tax occurred.

(2) When the due date for a return falls on a Saturday or Sunday or legal holiday, the return shall be due on the next succeeding business day. If the return is filed in conjunction with a remittance and the remittance cannot be made pursuant to subdivision (e), section twenty-six of this article, the return shall be accepted as timely on the same day as the remittance under that subdivision.

(c) Additional information returns.--

The Tax Commissioner shall make available to all sellers, except sellers of products qualifying for exclusion from the provisions of the agreement, a simplified return that is filed electronically.

(d) The Tax Commissioner may not require a seller which has indicated at the time of registration that it anticipates making no sales which would be sourced to this state to file a return, except that the seller shall lose the exemption upon making any taxable sales into this state and shall file a return in the month following any sale.

(e) After January 1, 2010, the Tax Commissioner shall give notice to a seller, which has no legal requirement to register in this state, of a failure to file a required return and a minimum of thirty days to file thereafter prior to establishing a liability amount for taxes based solely on the seller's failure to timely file a return: Provided, That the Tax Commissioner may establish a liability amount of taxes based solely on the seller's failure to timely file a return if such seller has a history of nonfiling or late filing.

(f) Nothing in this section shall prohibit the Tax Commissioner from allowing additional return options or the filing of returns less frequently.
W. Va. Code § 38-7-37 — WV Code / Chapter 38 / Article 7 / Section 37
§38-7-37. Sale of attached land; conveyance.
Status: in_force

When a sale of real estate is ordered under the provisions of the preceding section, the court shall prescribe in the order the terms of such sale and the officer or person by whom it shall be made. The officer or person making such sale of real estate shall report, to the court which ordered the sale, the real estate so sold by him with the name of the purchaser, the sum for which it sold, and the time and place of such sale. The court, for good cause, may refuse to confirm the sale, and order the property to be resold, but if good cause for setting the sale aside be not shown, the court shall confirm the same, and shall direct a deed of conveyance of the real estate so sold to be made to the purchaser thereof, by the officer or person who sold the same, or by a special commissioner, appointed for that purpose, whenever the purchase money thereof, with its interest, shall have been fully paid.
W. Va. Code § 31A-8-12C — WV Code / Chapter 31A / Article 8 / Section 12C
§31A-8-12c. Loan origination offices permitted.
Status: in_force

(a) Origination of loans by employees or agents of a banking institution at offices other than that banking institution's principal office or branch bank is permitted: Provided, That any such loans originating at said office are approved and made at the banking institution's principal place of business or branch bank.

(b) Origination of loans by employees or agents of a federally-insured depository institution of banking chartered outside the State of West Virginia at nonbranch offices within this state is permitted: Provided, That a license is obtained pursuant to section five, article two of this chapter and that any such loans originating at the office are approved and made at the banking institution's principal place of business or branch bank: Provided, however, That any consumer loans made in this manner conform with state consumer protection laws. The commissioner of banking may examine the operations of such offices and collect fees for their examination in the amount of $50 per hour of examiner time. A loan production office authorized under this section or by federal law may indicate its bank affiliation notwithstanding section two, article four of this chapter.
W. Va. Code § 16-4C-12 — WV Code / Chapter 16 / Article 4C / Section 12
§16-4C-12. Violations; criminal penalties.
Status: in_force

(a) When, as a result of an investigation under this article or otherwise, the commissioner or director has reason to believe that a licensee or certificate holder has committed a criminal offense, the commissioner or director may bring the information to the attention of an appropriate law-enforcement official.

(b) Any person who violates any law or rule or operates an ambulance with an insufficient number of emergency medical service personnel aboard when not lawfully permitted to do so, or who represents himself or herself as a certified emergency medical service personnel knowing the representation to be untrue, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000: Provided, That after July 1, 2010, the fine shall not be more than $5,000.
W. Va. Code § 31A-8B-5 — WV Code / Chapter 31A / Article 8B / Section 5
§31A-8B-5. Rules and regulations.
Status: in_force

Regulations to carry out the purposes of this article shall be promulgated by the commissioner.
W. Va. Code § 18-7A-31 — WV Code / Chapter 18 / Article 7A / Section 31
§18-7A-31. Unexpended funds under prior appropriations.
Status: in_force

Any unexpended funds for teachers' retirement benefits, which were appropriated from general revenue prior to the enactment of this article, shall be credited and transferred to the reserve fund of the retirement system.
W. Va. Code § 33-27A-2 — WV Code / Chapter 33 / Article 27A / Section 2
§33-27A-2. Definitions.
Status: in_force

As used in this article:

“Intermediate holding company” means a stock corporation that owns all of the shares of voting stock of one or more recognized stock companies after a reorganization pursuant to this article. “Intermediate holding company” also means a stock company that is the parent or subsidiary of another intermediate holding company.

“Mutual insurance company” means a domestic or foreign mutual Insurance company. “Mutual insurance holding company” means a domestic mutual insurance holding company incorporated pursuant to a reorganization plan adopted pursuant to this article, which company is the parent company of a reorganized stock company or of an intermediate holding company.

“Policyholder” means the person, group of persons, association, corporation, partnership, member or other entity named as the insured under a mutual policy of insurance.

“Reorganization plan” means a reorganization plan adopted by a mutual insurance company’s board of directors in accordance with the provisions of this article.

“Reorganized stock company” means the domestic or foreign stock insurance company resulting from a domestic or foreign mutual insurance company’s reorganization under this article.

“Voting Stock” means securities of any class or any ownership interests having voting power for the election of directors, trustees, or management of a person, other than securities having voting power only as a result of the occurrence of a contingency.
W. Va. Code § 11A-3-36 — WV Code / Chapter 11A / Article 3 / Section 36
§11A-3-36. Operating fund for land department in Auditor’s office.
Status: in_force

(a) The Auditor shall establish a special operating fund for the land department in his or her office. He or she shall pay into such fund all redemption fees, all publication or other charges collected by him or her if such charges were paid by or were payable to him or her the unclaimed surplus proceeds received by him or her from the sale of delinquent and other lands pursuant to this article, and all payments made to him or her under the provisions of §11A-3-64 and §11A-3-65 of this code, except such part thereof as represents state taxes and interest. All payments so excepted shall be credited by the Auditor to the general school fund or other proper state fund.

(b) The operating fund shall be used by the Auditor in cases of deficits in land sales to pay any balances due to deputy commissioners for services rendered, and any unpaid costs including those for publication which have accrued or will accrue under the provisions of this article, to pay fees due surveyors under the provisions of §11A-3-43 of this code, and to pay for the operation and maintenance of the land department in his or her office. If, at the end of any fiscal year, the balance in the special operating fund exceeds 20 percent of the gross revenues from the special operating fund operations, the excess shall be transferred to the General School Fund.
W. Va. Code § 10-3A-1 — WV Code / Chapter 10 / Article 3A / Section 1
§10-3A-1. Legislative findings, purposes, intent, and short title.
Status: in_force

(a) The Legislature finds that child labor in hazardous industry was commonplace in West Virginia and the United States until state and federal laws prohibited such labor in the early 20 th century. Throughout West Virginia, children worked in coal mines, factories, salt works, and other inherently dangerous places. Due to their diminutive size and because child workers could be paid less, many employers preferred to utilize children in formal employment and informal employment arrangements. Because many children were informally employed, the number of children who were permanently maimed or killed due to hazardous labor is unknown.

(b) In order to preserve the memory of children who worked in a hazardous industry, a monument in memory of all children shall be constructed. The monument will be constructed in Fairmont, West Virginia due to the scale of the mine explosion at Monongah, West Virginia on December 6, 1907, and due to the unknown number of children who were killed in that disaster.

(c) This article may be cited as the “West Virginia Child Labor Memorial.”
W. Va. Code § 50-3-10 — WV Code / Chapter 50 / Article 3 / Section 10
§50-3-10. Removal of magistrate court official.
Status: in_force

If any magistrate, magistrate court clerk, magistrate assistant or magistrate court deputy clerk shall fail to comply with the provisions of this article, the chief inspector may, in addition to any other remedies provided by law, seek the removal from office of such official, in accordance with provisions of section seven, article six, chapter six of this code.
W. Va. Code § 36-2-1 — WV Code / Chapter 36 / Article 2 / Section 1
§36-2-1. Sale or lease of real or personal property subject to future interests.
Status: in_force

Whenever there is, either at law or in equity, in any personal property, or in any land, timber, oil, gas, coal, or other minerals, any contingent remainder, or any vested remainder, which is liable to open and let in afterborn children or to open and let in members of any class, or any executory interest, or executory devise, or any base, qualified, conditional or limited fee, or any other qualified, conditional, limited or determinable estate, or interest, it shall be lawful for the circuit court of the county in which the personal property, land, timber, oil, gas, coal, or other minerals, or any part thereof, are situate, upon a bill filed by any of the persons specified in section two of this article, to decree a sale, lease, mining lease, or other conveyance of such personal property, land, timber, oil, gas, coal, or other minerals, or any one or more of them, or of any interest in them, as hereinafter provided.
W. Va. Code § 36-12-6 — WV Code / Chapter 36 / Article 12 / Section 6
§36-12-6. Transfer on death deed revocable.
Status: in_force

A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
W. Va. Code § 8-22-14 — WV Code / Chapter 8 / Article 22 / Section 14
§8-22-14. Custodian of fund; duties; bond.
Status: in_force

The treasurer of the city shall be the custodian of all of the assets of the fund, and shall deposit and pay out the moneys of the fund upon, and in accordance with, any proper order of the board of trustees. Such treasurer shall be liable upon his official bond as treasurer for the faithful performance of his duties in respect to such fund, and the official bond of the treasurer covering such fund shall be executed with a good and financially responsible surety company, authorized to do business in this state, as surety for such fund. Such fund shall not be used for any other purpose than provided in sections two through fourteen of this article.
W. Va. Code § 16A-5-3 — WV Code / Chapter 16A / Article 5 / Section 3
§16A-5-3. Notice.
Status: in_force

An application for an identification card shall include notice that a false statement made in the application is punishable under the applicable provisions of law.