FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 33-43-15 — WV Code / Chapter 33 / Article 43 / Section 15
§33-43-15. Taxes collected on behalf of the commissioner.
Status: in_force

When a person is required to collect a tax or surcharge from another and remit the amount thus collected to the commissioner, the moneys collected are considered to be held by that person in trust for the State of West Virginia. With respect to the filing of returns, assessments and interest, taxes that are collected by a person to be remitted to the commissioner are treated as would a tax paid directly by that person to the commissioner. The person collecting the tax shall return to the policyholder or person paying the tax or surcharge any refund made for overpayment of the amount collected.
W. Va. Code § 21-5G-1 — WV Code / Chapter 21 / Article 5G / Section 1
§21-5G-1. Definitions.
Status: in_force

As used in this article:

(1) The term “person” means any individual, proprietorship, partnership, firm, association, corporation, labor organization or any other legal entity.

(2) The term “labor organization” means any organization, agency, union or employee representation committee of any kind that exists, in whole or in part, to assist employees in negotiating with employers concerning grievances, labor disputes, wages, rates of pay or other terms or conditions of employment.

(3) The term “employer” means any person employing at least one individual in the state or any agent of an employer employing at least one individual in the state.
W. Va. Code § 30-2-10 — WV Code / Chapter 30 / Article 2 / Section 10
§30-2-10. Clerk and sheriff or their deputies not to act as attorneys.
Status: in_force

If any clerk, sheriff, or any deputy of either, or any person interested in the profits of any such office, shall act as attorney at law in any case in any court of which such clerk or sheriff is an officer, he shall forfeit $30.
W. Va. Code § 5-16-11 — WV Code / Chapter 5 / Article 16 / Section 11
§5-16-11. To whom benefits paid.
Status: in_force

Any benefits payable under a plan may be paid either directly to the medical provider, hospital, medical group, or other person, firm, association, or corporation furnishing the service upon which the claim is based, or to the insured upon presentation of valid bills for such service, subject to such provisions designed to facilitate payments as may be made by the director.
W. Va. Code § 29-3C-9 — WV Code / Chapter 29 / Article 3C / Section 9
§29-3C-9. Noncompliance with article; failure to obtain certification; penalty.
Status: in_force

(a) Any person performing electrical inspections without being certified pursuant to this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $150 nor more than $500, or confined in the county or regional jail for not more than ninety days, or both; and upon conviction of a second or subsequent offense, shall be fined not less than $500 nor more than $1,000, or confined in the county or regional jail for not more than ninety days, or both.

(b) Any person who conducts an electrical inspection without the required certification is subject to being issued a citation or a civil action in the name of the state in the circuit court of the county where the inspection was or is being performed for an injunction. A circuit court by mandatory or prohibitory injunction may compel compliance with the provisions of this article, with the lawful orders of the state Fire Marshal and with any final decision of the state Fire Marshal or state Fire Commission. The State Fire Marshal shall be represented in all proceedings instituted pursuant to this subsection by the Attorney General or his or her assistants.
W. Va. Code § 5A-13-6 — WV Code / Chapter 5A / Article 13 / Section 6
§5A-13-6. Legislative Rules.
Status: in_force

(a) The secretary is authorized to promulgate legislative rules pursuant to §29A-3-1 et seq. of this code to implement the One-Stop-Shop Permitting Program including to:

(1) Establish, in consultation with the relevant agency:

(A) Deadlines for making completion determinations and for the processing of a permit application; and

(B) Expedited deadlines for the processing of a "fast-track" permit application;

(2) Establish, as needed, an applicant or user fee to fund the Permitting Program; and

(3) Establish a fee to be paid by an applicant to "fast-track" a permit application.

(b) Any fee implemented pursuant to subdivision (a)(3) of this section shall be:

(1) No greater than necessary to offset the permitting agency’s cost to expedite the permit application; and

(2) Subject to the refund requirement under §5A-13-4(c) through §5A-13-4(e) of this code.
W. Va. Code § 18B-1F-7 — WV Code / Chapter 18B / Article 1F / Section 7
§18B-1F-7. Audits required; financial reports; conflicts of interest.
Status: in_force

(a) The financial statements of the corporation shall be audited annually by an independent certified public accountant or firm. Within thirty days of completion, the financial audit report shall be presented to the corporation's board of directors for approval, after which a copy of the financial audit and required statements shall be submitted to the commission.

(b) Notwithstanding any other provision of this code to the contrary, any officer or employee of the commission, who is not the executive director of the corporation, may hold an appointment as a member and as an officer of the corporation board of directors.
W. Va. Code § 11-11B-14 — WV Code / Chapter 11 / Article 11B / Section 14
§11-11B-14. Estates affected.
Status: in_force

This article shall apply to estates of decedents dying before or after its enactment.
W. Va. Code § 7-13-11 — WV Code / Chapter 7 / Article 13 / Section 11
§7-13-11. Volunteers in Service to America.
Status: in_force

Federal enlistees in Volunteers in Service to America, hereinafter referred to as VISTA, as authorized under Title VI of the federal Economic Opportunity Act of 1964, may be assigned to the department of mental health, Department of Agriculture, department of natural resources and other agencies of the state government.

Notwithstanding any other provision of state law, while serving in such capacity, VISTA enlistees may, upon the presentation of authenticated statements of expenses incurred solely in the line of their assigned duties for and on behalf of the State of West Virginia, be reimbursed by the state for such expenses, including mileage, fares for public transportation, and meals and lodging when detailed to duty away from their assigned station: Provided, That this section is in no way designed to supply regular subsistence allowances to VISTA enlistees, as provided in federal regulations allowing for their maintenance and subsistence during the term of their enlistment.

VISTA enlistees, except for the reimbursement of expenses as provided in this section, shall in no way be considered to be employees of the state. They shall not be eligible for participation in the Public Employees Retirement System of the State of West Virginia or to receive any other benefits from the state whatever.
W. Va. Code § 48-8-104 — WV Code / Chapter 48 / Article 8 / Section 104
§48-8-104. Effect of fault or misconduct on award of spousal support.
Status: in_force

In determining whether spousal support is to be awarded, or in determining the amount of spousal support, if any, to be awarded, the court shall consider and compare the fault or misconduct of either or both of the parties and the effect of the fault or misconduct as a contributing factor to the deterioration of the marital relationship.
W. Va. Code § 14-2-23 — WV Code / Chapter 14 / Article 2 / Section 23
§14-2-23. Inclusion of awards in budget.
Status: in_force

The clerk shall certify to the department of finance and administration, on or before November 20, of each year, a list of all awards recommended by the commission to the Legislature for appropriation. The clerk may certify supplementary lists to the Governor to include subsequent awards made by the commission. The Governor shall include all awards so certified in his or her proposed budget bill transmitted to the Legislature. Any other provision of this article or of law to the contrary notwithstanding, the clerk shall not certify any award which has been previously certified.
W. Va. Code § 8-25-12 — WV Code / Chapter 8 / Article 25 / Section 12
§8-25-12. Annual budget of regional council; contributions by governmental units; deposits and disbursements.
Status: in_force

Each regional council shall adopt an annual budget, to be submitted to the participating governmental units which shall each contribute to the financing of the council according to a formula adopted by the council and approved by a majority of the counties and a majority of the municipalities participating in the regional council. All such contributions shall be fair and equitable and shall be based on the population of each participating governmental unit as determined on the basis of the latest decennial census, or such other criteria as may be determined by each respective regional council. Each participating county and municipality is hereby directed and empowered to pay over and contribute to the operation of said councils in accordance with the formula adopted as hereinbefore provided. Such sums, as are appropriated hereunder, may be transferred to the regional councils for deposit and disbursement as the regional councils may designate and direct. By such transfer, the governing body designates the regional council as its disbursing agent.
W. Va. Code § 47-21-7 — WV Code / Chapter 47 / Article 21 / Section 7
§47-21-7. License fee and exemption from taxes.
Status: in_force

(a) A license fee shall be paid to the Tax Commissioner for annual licenses in the amount of $500. A license fee shall be paid to the Tax Commissioner for a limited occasion license in the amount of $50. All revenue from said license fee shall be deposited in the special revenue account established under the authority of section two-a, article nine, chapter eleven of this code and used to support the investigatory activities provided for in said section. The license fee imposed by this section is in lieu of all other license or franchise taxes or fees of this state and no county or municipality or other political subdivision of this state is empowered to impose a license or franchise tax or fee on any raffle or raffle occasion.

(b) The gross proceeds derived from the conduct of a raffle occasion are exempt from state and local business and occupation taxes, income taxes, excise taxes and all special taxes. Any charitable or public service organization conducting a raffle occasion pursuant to the provisions of this article is exempt from payment of consumers sales and service taxes, use taxes and all other taxes on all purchases for use or consumption in the conduct of a raffle occasion and is exempt from collecting consumers sales taxes on any admission fees and sales of raffle tickets.
W. Va. Code § 21A-6A-4 — WV Code / Chapter 21A / Article 6A / Section 4
§21A-6A-4. Weekly extended benefit amount.
Status: in_force

The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit payable to the eligible individual during the eligible individual’s applicable benefit year: Provided , That for any week during a period in which federal payments to states under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970 are reduced under an order issued under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, the weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be reduced by a percentage equivalent to the percentage of the reduction in the federal payment. Such reduced weekly extended benefit amount, if not a full dollar amount, shall be rounded to the nearest lower full dollar amount.

The amendments made to this section during the 2024 Regular Session shall become effective July 1, 2024.
W. Va. Code § 29A-3A-9 — WV Code / Chapter 29A / Article 3A / Section 9
§29A-3A-9. Adoption of legislative exempt rules, procedural rules, and interpretive rules.
Status: in_force

(a) The agency shall consider a legislative exempt, procedural, and interpretive rule for adoption not later than six months after the close of public comment and file a notice of withdrawal or adoption in the State Register within that period. The agency’s failure to file the notice constitutes withdrawal, and the Secretary of State shall note that failure in the State Register immediately upon the expiration of the six-month period.

(b) A legislative exempt, procedural, or interpretive rule may be amended by the agency prior to final adoption without further hearing or public comment. The amendment may not change the main purpose of the rule. If the fiscal implications have changed since the rule was proposed, the agency shall attach a new fiscal note to the notice of filing. Upon adoption of the rule, including any amendment, the agency shall file the text of the adopted legislative exempt, procedural, or interpretive rule with its notice of adoption in the State Register, and the rule is effective on the date specified in the rule or 30 days after filing, whichever is later, or as specified in this code.

(c) The agency may repeal a legislative exempt, procedural, or interpretive rule by filing a notice of repeal with the Secretary of State.
W. Va. Code § 32A-2-19 — WV Code / Chapter 32A / Article 2 / Section 19
§32A-2-19. Civil penalty.
Status: in_force

(a) The commissioner may bring civil actions to enforce this article in the circuit court of Kanawha County or the county in which the violation occurred and seek civil penalties. If, after notice and a hearing, the court finds that a person has violated this article, a rule adopted under this article, or an order of the commissioner issued under this article, the court may order the person to pay to the state a civil penalty. The amount of a civil penalty under this section may not exceed $5,000 for each violation or, in the case of a continuing violation, up to $5,000 for each day that the violation continues. A civil penalty assessed may be collected from the bond required under section ten of this article.

(b) In addition to the authority granted in subsection (a) of this section, the commissioner may by administrative assessment impose a civil penalty of up to $5,000 upon any person he or she believes has violated this article, a rule promulgated under this article, any other law or rule the commissioner is authorized to enforce with respect to persons licensed under this article, or a prior order of the commissioner. For purposes of this subsection, each separate violation is subject to the penalty herein prescribed and, in the case of a continuing violation, a penalty of up to $5,000 may be assessed for each day the violation continues. Any penalty imposed under this subsection may be contested by the licensee pursuant to article five, chapter twenty-nine-a of this code. A civil penalty assessed under this subsection may be collected from the bond required under section ten of this article.
W. Va. Code § 44D-11-1104 — WV Code / Chapter 44D / Article 11 / Section 1104
§44D-11-1104. Effective date.
Status: in_force

This chapter takes effect on July 1, 2011.
W. Va. Code § 16B-20-5 — WV Code / Chapter 16B / Article 20 / Section 5
§16B-20-5. Violations; penalties; injunction.
Status: in_force

Any person, partnership, association or corporation, and any local governmental unit or any division, department, board, or agency thereof establishing, conducting, managing or operating a birthing center without first obtaining a license therefor as herein provided, or violating any provisions of this article or any rule or regulation lawfully promulgated thereunder, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished for the first offense by a fine of not more than $100, or by imprisonment in the county jail for a period of not more than 90 days, or by both such fine and imprisonment, in the discretion of the court. For each subsequent offense the fine may be increased to not more than $500, with imprisonment in the county jail for a period of not more than 90 days, or both such fine and imprisonment, in the discretion of the court. Each day of a continuing violation after conviction shall be considered a separate offense.

Notwithstanding the existence or pursuit of any other remedy, the Inspector General may, in the manner provided by law, maintain an action in the name of the state for an injunction against any person, partnership, association, corporation, or any local governmental unit, or any division, department, board or agency thereof, to restrain or prevent the establishment, conduct, management or operation of any birthing center without first obtaining a license therefor in the manner hereinbefore provided.
W. Va. Code § 15-16-8 — WV Code / Chapter 15 / Article 16 / Section 8
§15-16-8. Report of violations; whistle-blower protections.
Status: in_force

(a) A state entity, local entity, or law enforcement agency shall not discharge, threaten, or otherwise discriminate or retaliate against any official, representative, agent, or employee for reporting a known or probable violation of the provisions of this article to the Attorney General.

(b) All provisions of §6C-1-1 et seq . of this code, the Whistle-Blower Law, shall apply to an official, representative, agent, or employee of a state entity, local entity, or law enforcement agency who is discharged, threatened, or otherwise discriminated or retaliated against because he or she reported a known or probable violation of the provisions of this article to the Attorney General.
W. Va. Code § 17C-5A-1 — WV Code / Chapter 17C / Article 5A / Section 1
§17C-5A-1. Report to be submitted to commissioner following arrest for driving under the influence of alcohol, controlled substances, or drugs or refusal to submit to secondary chemical test; report to the court.
Status: in_force

(a) Any law-enforcement officer investigating a person for an offense described in §17C-5-2 of this code, or for an offense described in a municipal ordinance which has the same elements as an offense described in said section, shall report to the Commissioner of the Division of Motor Vehicles by written statement within 48 hours of the conclusion of the investigation the name and address of the person believed to have committed the offense. The report shall include the specific offense with which the person is charged and, if applicable, a copy of the results of any secondary tests of blood, breath, or urine. The signing of the statement required to be signed by this subsection constitutes an oath or affirmation by the person signing the statement that the statements contained in the statement are true and that any copy filed is a true copy. The statement shall contain upon its face a warning to the officer signing that to willfully sign a statement containing false information concerning any matter or thing, material or not material, is false swearing and is a misdemeanor.

(b) After receiving the report required by subsection (a) of this section, the Commissioner of the Division of Motor Vehicles shall immediately submit, to the court with jurisdiction over the criminal offense, a full and complete record of the following:

(1) Any prior suspensions or revocations of the person’s license to operate a motor vehicle under §17C-5-2, §17C-5-2b, or §17C-5-7a of this code; or

(2) Any conviction or term of conditional probation imposed under a municipal ordinance of this state or any other state or a statute of the United States or of any other state of an offense which has the same elements as an offense described in §17C-5-2 of this code.

(c) The amendments made to this section during the 2020 regular session of the Legislature shall become effective on July 1, 2020.
W. Va. Code § 19-2F-6 — WV Code / Chapter 19 / Article 2F / Section 6
§19-2F-6. Beef Industry Council; appointment; terms; qualification of members; removal of members; officers; meetings; expenses.
Status: in_force

(a) The West Virginia Beef Industry Council is hereby continued. The members of the Council in office on the date this section becomes effective shall, unless sooner removed, continue to serve until their respective terms expire and until their successors have been appointed and qualified.

(b) (1) Commencing with the Council terms beginning on July 1, 2005, the Council shall consist of nine members appointed for terms of three years by the Governor with the advice and consent of the Senate. Six members of the Council must be beef cattle producers, one member must be a dairy cattle producer, one member must be a representative of a public livestock market and one member must be a meat packer or meat processor.

(2) Each member of the Council, at the time of his or her appointment, must have been engaged in his or her representative

occupation for a period of not less than five years immediately preceding the appointment and each member must be a United States citizen and a resident of this state during the appointment term.

(3) In making appointments to the Council, the Governor shall consider proposed member recommendations made by West Virginia organizations and groups concerned with or engaged in beef production.

(4) No member may serve more than two consecutive full terms and any member having served two full terms may not be appointed for one year after completion of his or her second full term. A member continues to serve until his or her successor has been appointed and qualified.

(5) The Governor may remove any member of the Council for neglect of duty, incompetency or official misconduct.

(c) The Council elects a chair, a secretary and a treasurer from its membership each for a term of two years. The Council meets as often as necessary at the time and place designated by the chair or by call of a majority of the Council members. All Council meetings shall be held in accordance with the provisions of article nine-a, chapter six of this code. All decisions of the Council are determined by a majority of the members appointed.

(d) The Board shall reimburse each member's expenses for room, meals and mileage in the same manner and amount as state employees receive for travel. No member may receive any other salary or compensation for his or her services.
W. Va. Code § 32B-2-6 — WV Code / Chapter 32B / Article 2 / Section 6
§32B-2-6. Cooperation with other agencies.
Status: in_force

(a) To encourage uniform application and interpretation of this chapter and of securities regulation and enforcement in general, the commissioner and the employees of the commissioner may cooperate, and bear the expense of such cooperation, with the securities agencies or commissioner of another jurisdiction, Canadian province or territory, any other agencies administering this chapter, the commodity futures trading commission, the securities and exchange commission, any self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, any national or international organization of commodities or securities officials or agencies and any governmental law-enforcement agencies.

(b) The cooperation authorized by subsection (a) of this section includes, but is not limited to, the following:

(1) Making joint examinations or investigations;

(2) Holding joint administrative hearings;

(3) Filing and prosecuting joint litigation;

(4) Sharing and exchanging personnel;

(5) Sharing and exchanging information and documents;

(6) Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes and releases; and

(7) Issuing and enforcing subpoenas at the request of the agency administering this chapter in another jurisdiction, the securities agency of another jurisdiction, the commodity futures trading commission or the securities and exchange commission if the information sought would also be subject to lawful subpoena for conduct occurring in this state.