FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 17B-2B-1 — WV Code / Chapter 17B / Article 2B / Section 1
§17B-2B-1. Definitions.
Status: in_force

For purposes of this article, the following terms have the meaning indicated:

(1) “Applicant” means any person applying for a Class G instruction permit or license to operate a motor vehicle in this state who must use a bioptic telescopic device to meet the commissioner’s minimum visual acuity and visual field standards for licensure.

(2) “Approved driver training program” means a program that:

(A) Provides and coordinates comprehensive assessment and training of driving skills and responses;

(B) Emphasizes clinical and functional vision skills, predriver readiness skills and the physical, mental and social driving skills of an applicant; and

(C) Is approved by the Division of Rehabilitation Services, after consultation with the division.

(3) “Bioptic telescopic device” means a two focus optical system used to magnify distant objects by including a small telescope that is mounted in a spectacle lens so as to allow an unobstructed view of the horizontal visual field through normal distance corrective lenses.

(4) “Corrective lenses” means eyeglasses, contact lenses, and intraocular lenses, but does not mean a bioptic telescopic device.

(5) “Daytime driving restriction” means a limitation on the operation of a motor vehicle to:

(A) The period of time between 30 minutes after sunrise and 30 minutes before sunset; and

(B) Weather conditions that do not significantly reduce the visibility of the roadway, other traffic, and traffic control devices.

(6) “Field expander” means a device used to compensate for peripheral visual field loss.

(7) “Restricted out-of-state driver” means a person who has been issued, by another state, a valid driver’s license with a restriction requiring the driver to use a bioptic telescopic device.

(8) “Vision specialist” means a licensed ophthalmologist or optometrist.

(9) “Visual acuity” means the measure of a person’s clarity of vision based on the Snellen visual acuity scale.

(10) “Visual field” means the area of physical space visible to the eye in a given fixed position.
W. Va. Code § 16-30C-8 — WV Code / Chapter 16 / Article 30C / Section 8
§16-30C-8. Revocation of do not resuscitate order.
Status: in_force

(a) At any time a person in a health care facility may revoke his or her previous request for or consent to a do not resuscitate order by making either a written, oral or other act of communication to a physician or other professional staff of the health care facility.

(b) At any time a person residing at home may revoke his/her do not resuscitate order by destroying such order and removing do not resuscitate identification on his or her person. The person is responsible for notifying his or her physician of the revocation.

(c) At any time a representative or surrogate decision-maker may revoke his or her consent to a do not resuscitate order for a person with incapacity in a health care facility by notifying a physician or other professional staff of the health care facility of the revocation of consent in writing, or by orally notifying the attending physician in the presence of a witness eighteen years of age or older.

(d) At any time a representative or surrogate decision-maker may revoke his or her consent for a person with incapacity residing at home by destroying such order and removing do not resuscitate identification from the person. The representative or surrogate decision-maker is responsible for notifying the person's physician of the revocation.

(e) The attending physician who is informed of or provided with a revocation of consent pursuant to this section shall immediately cancel the do not resuscitate order if the person is in a health care facility and notify the professional staff of the health care facility responsible for the person's care of the revocation and cancellation. Any professional staff of the health care facility who is informed of or provided with a revocation of consent pursuant to this section shall immediately notify the attending physician of such revocation.

(f) Only a licensed physician may cancel the issuance of a do not resuscitate order.
W. Va. Code § 55-7-18A — WV Code / Chapter 55 / Article 7 / Section 18A
§55-7-18a. Employer immunity from liability; disclosure of information regarding former employees.
Status: in_force

(a) Any employer or his or her designated agent who discloses job-related information that may be reasonably considered adverse about a former or current employee to a prospective employer of the former or current employee is presumed to be acting in good faith and is immune from civil liability for the disclosure or its consequences: Provided, That the disclosure of such information pursuant to this subsection shall be in writing and a copy of any such disclosure shall be provided to the former or current employee at the time of disclosure.

(b) For the purposes of this section, the presumption of good faith is rebutted upon a showing, by a preponderance of the evidence, that the information disclosed was:

(1) Knowingly false;

(2) Disclosed with reckless disregard for the truth;

(3) Deliberately misleading;

(4) Rendered with malicious purpose toward the former or current employee; or

(5) Disclosed in violation of a nondisclosure agreement or applicable law.

(c) For purposes of this section, "job-related information" means information concerning a person's education, training, experience, qualifications, conduct and job performance which is offered for the purpose of providing criteria to evaluate the person's suitability for employment.

(d) If an employer disclosed job-related information to a prospective employer of a former or current employee that was false or misleading, and if the current or former employee requests, then the employer shall give corrected information to every person or entity that is in the employer's records as having received the original information, with a copy thereof to the former or current employee.
W. Va. Code § 18C-6-5 — WV Code / Chapter 18C / Article 6 / Section 5
§18C-6-5. Renewal conditions; noncompliance; deferral; excusal.
Status: in_force

(a) The recipient of a West Virginia STEM scholarship is eligible for scholarship renewal if the recipient is:

(1) Enrolled as a full-time student in an eligible institution of higher education;

(2) Pursuing a course of study leading to a certificate, associate or baccalaureate degree in a STEM-related field;

(3) Maintaining satisfactory progress as determined by the eligible institution of higher education the recipient is attending; and

(4) Complying with any other standards established by the rule authorized by §18C-6-1 of this code.

(b) A recipient who violates a scholarship agreement shall repay the amount of any scholarship award received, plus interest, and, where applicable, reasonable collection fees, on a schedule and at a rate of interest prescribed in the rule authorized by §18C-6-1 of this code. The rule shall also provide for a method of prorating repayment amounts against any amount of the work requirement that has been fulfilled by the recipient.

(c) A recipient is not in violation of the agreement entered into under §18C-6-3 of this code during any period in which the recipient is:

(1) Pursuing a full-time course of study in a STEM or STEM-related field at an accredited institution of higher education; or

(2) Satisfying the provisions of additional repayment exemptions that are established by the commission’s rule.

(d) The commission may forgive repayment of a West Virginia STEM scholarship received under this article if the recipient dies or becomes permanently and totally disabled as established by submission of a death certificate or sworn affidavit of a physician qualified to make such a determination as set out in the rule authorized by §18C-6-1 of this code.

(e) The commission’s rule shall provide that the length of the repayment period may not exceed 10 years: Provided , That the rule may include provisions under which the commission may, if extenuating circumstances exist, extend the period for fulfilling the obligation to 15 years.
W. Va. Code § 29-31-1 — WV Code / Chapter 29 / Article 31 / Section 1
§29-31-1. Short title; legislative findings; purpose.
Status: in_force

(a) This article may be known and cited as the "Resiliency and Flood Protection Planning Act".

(b) The West Virginia Legislature finds that:

(1) Flooding has affected each of the 55 counties and 32 major watersheds within the state;

(2) Over the past 52 years, more than 282 West Virginians have died in floods;

(3) Between January 1996 and January 2017, there were 27 federal disaster declarations in West Virginia involving flooding;

(4) Between January 2010 and December 2021, West Virginia was impacted by more than 1,600 separate flood events;

(5) In June 2016, much of West Virginia suffered devastating flooding; and

(6) Despite the many state and federal flood protection programs and projects, flooding continues to be West Virginia’s most common and widespread natural disaster.

(c) It is the purpose of this article to:

(1) Provide a comprehensive and coordinated statewide resiliency and flood protection planning program to save lives, and develop community and economic resiliency plans including, but not limited to, reducing or mitigating flood damage while supporting economic growth and protecting the environment; and

(2) Provide for funding mechanisms to implement such state and community plans developed through the program.
W. Va. Code § 35-1-12 — WV Code / Chapter 35 / Article 1 / Section 12
§35-1-12. Disposition of property of extinct or dissolved religious organization.
Status: in_force

When any individual church, parish, congregation, or local branch of any religious sect, society, or denomination, has become extinct, or has dissolved, or has ceased to occupy and use its property for its religious and charitable purposes, or its property may be regarded as abandoned, a suit in chancery may be instituted in the county where the property of such individual church, parish, congregation, or local branch is situated, either by the trustee or trustees, or the surviving or remaining trustee or trustees, should there be any, or by any member of such individual church, parish, congregation, or local branch, should there be any, or by the ecclesiastical officer or religious body that by the laws of the church, religious sect, society, or denomination to which such individual church, parish, congregation, or local branch belongs, has the charge or custody of such property, or in whom or which it may be vested by the laws of such church, religious sect, society or denomination; and the court shall hear the matter and make such disposition of the property, or proceeds thereof, as is allowable under the terms of the conveyance, dedication, devise, gift or bequest of such property, and will be in accordance with the laws of such church, religious sect, society or denomination. The printed acts or laws of such church, religious sect, society or denomination, issued by its authority, embodied in book or pamphlet form, shall be taken and regarded as the laws and acts of such church, religious sect, society or denomination.
W. Va. Code § 11-8-33 — WV Code / Chapter 11 / Article 8 / Section 33
§11-8-33. Exceptions as to fiscal year beginning July 1, 1961, and as to city of Huntington.
Status: in_force

Notwithstanding the provisions of sections eight, nine, ten, ten-a, twelve, twelve-a, fourteen and fourteen-a of this article, the provisions of this article as of January 1, 1961, shall govern levies for the fiscal year beginning July 1, 1961; nor shall the powers heretofore given the board of park commissioners of the city of Huntington, by chapter twenty-six, acts of the Legislature, 1925 and subsequent amendments thereto be in any manner impaired by the provisions of this article, and further that levies to be laid by said board of park commissioners of the city of Huntington be laid at the same time and in the manner herein provided.
W. Va. Code § 38-4-1 — WV Code / Chapter 38 / Article 4 / Section 1
§38-4-1. Executions against corporations.
Status: in_force

Against a corporation such execution may issue as against a natural person.
W. Va. Code § 18-8-9 — WV Code / Chapter 18 / Article 8 / Section 9
§18-8-9. Report and disposition of fines collected.
Status: in_force

All fines collected under the provisions of this article shall be paid on or before the last day of each calendar month by the magistrate, or other proper official having jurisdiction in the case, to the sheriff and by him credited to the county school fund; and the magistrate shall file with the county superintendent on the last day of each month an itemized statement of all fines paid over to the sheriff.
W. Va. Code § 16-45-2 — WV Code / Chapter 16 / Article 45 / Section 2
§16-45-2. Exception for health care providers.
Status: in_force

Nothing in this article may be construed as prohibiting any health care provider licensed under chapter thirty of this code from performing any action within the scope of his or her practice that results in prescribing the use of a photo therapy device to a patient regardless of the patient's age for treatment of a medical condition.
W. Va. Code § 11-9-9 — WV Code / Chapter 11 / Article 9 / Section 9
§11-9-9. Aiding, abetting, assisting or counseling in criminal violation.
Status: in_force

Any person who shall knowingly aid or abet or assist or counsel another person in the commission of any act prohibited by this article, whether or not such act is with the knowledge or consent of the person required by law to do the act, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000, or imprisoned in the county jail not more than six months, or both fined and imprisoned.
W. Va. Code § 16-29B-14 — WV Code / Chapter 16 / Article 29B / Section 14
§16-29B-14. Injunction; mandamus.
Status: in_force

The board may compel obedience to its lawful orders by injunction or mandamus or other proper proceedings in the name of the state in any circuit court having jurisdiction of the parties or of the subject matter, or the Supreme Court of Appeals direct, and such proceeding shall be determined in an expeditious manner.
W. Va. Code § 11A-3-65 — WV Code / Chapter 11A / Article 3 / Section 65
§11A-3-65. Right of former owner to surplus proceeds.
Status: in_force

The former owner of any delinquent or nonentered lands sold pursuant to sections forty-five and forty-eight of this article, his heirs or assigns, shall be entitled to the surplus received from the sale over and above the taxes and interest charged or chargeable thereon including all costs of the sale, if his or their claim be filed in the circuit court of the county in which the land is situated within two years after the date of confirmation of said sale. If no claim is filed with the court within the two years, then such surplus shall be paid by the sheriff to the Auditor for credit to the general school fund.
W. Va. Code § 48-13-603 — WV Code / Chapter 48 / Article 13 / Section 603
§48-13-603. Adjustment for obligor's social security benefits sent directly to the child; receipt by child of supplemental security income.
Status: in_force

(a) If a proportion of the obligor's social security benefit is paid directly to the custodian of his or her dependents who are the subject of the child support order, the following adjustment shall be made. The total amount of the social security benefit which includes the amounts paid to the obligor and the obligee shall be counted as gross income to the obligor. In turn, the child support order will be calculated as described in sections 13-401 through 13-404. To arrive at the final child support amount, however, the amount of the social security benefits sent directly to the child's household will be subtracted from the child support order. If the child support order amount results in a negative amount it shall be set at zero.

(b) If a child is a recipient of disability payments as supplemental security income for aged, blind and disabled, under the provisions of 42 U.S.C. §1382, et seq., and if support furnished by an obligor would be considered unearned income that renders the child ineligible for disability payments or medical benefits, no child support order shall be entered for that child. If a support order is entered for the child's siblings or other persons in the household, the child shall be excluded from the calculation of support, and the amount of support for the child shall be set at zero.
W. Va. Code § 61-8F-7 — WV Code / Chapter 61 / Article 8F / Section 7
§61-8F-7. Effective dates.
Status: in_force

(a) This section and the provisions of §61-8F-1, §61-8F-2, and §61-8F-6 of this article shall be effective from passage.

(b) The provisions of §61-8F-3, §61-8F-4, and §61-8F-5 shall be effective July 1, 2022.
W. Va. Code § 55-5-12 — WV Code / Chapter 55 / Article 5 / Section 12
§55-5-12. Same -- Same -- How value paid; sale of land for failure to make payments; deficiency.
Status: in_force

The payments shall be made to the plaintiff, or into court for his use, and the land shall be bound therefor, and if the defendant fail to make such payments within or at the time limited therefor, respectively, the court may order the land to be sold, and the proceeds applied to the payment of such value and interest, and the surplus, if any, to be paid to the defendant; but if the proceeds be insufficient to satisfy such value and interest, the defendant shall not be bound for the deficiency.
W. Va. Code § 49-1-208 — WV Code / Chapter 49 / Article 1 / Section 208
§49-1-208. Definitions related, but not limited, to state and local agencies.
Status: in_force

When used in this chapter, terms defined in this section have the meanings ascribed to them that relate to, but are not limited to, state and local agencies, except in those instances where a different meaning is provided or the context in which the word is used clearly indicates that a different meaning is intended.

"Department" or "state department" means the West Virginia Department of Human Services.

"Division of Juvenile Services" means the division within the West Virginia Department of Military Affairs and Public Safety.

"Law-enforcement officer" means a law-enforcement officer of the State Police, a municipality or county sheriff's department.

"Secretary" means the Secretary of the West Virginia Department of Human Services.
W. Va. Code § 18-9-4 — WV Code / Chapter 18 / Article 9 / Section 4
§18-9-4. Nonpayment of order; liability of treasurer of county board.
Status: in_force

If, when an order of any county board of education is presented to the treasurer of the board, there are no funds to pay the same, the person entitled to receive the sum of money specified in such order may require the treasurer to endorse thereon, or write across the face thereof, the words "presented for payment," with the proper date, and sign the same; and the order, if it was due at the time of presentment, shall in such case be payable with legal interest from such date.

Any such order not paid when presented as aforesaid shall again be presented to the treasurer of the county board for payment by the person entitled to receive the money thereon not later than December 1, after such endorsement, and if not so presented, no further interest shall be allowed or paid on such order thereafter, until such order shall be so presented and endorsed as aforesaid a second time by the treasurer, and in no case shall interest be allowed or paid on such order for the period of time elapsed from December 1, following the first endorsement of such order by the treasurer and the date when such order is presented for payment or endorsement by the treasurer a second time.

In no event shall any such order bear interest for a longer period than one year and six months from date of its issue. But if the treasurer of the county board, having funds to pay the same, fails to pay any proper order of any Board of Education of his county, properly endorsed, when presented to him during business hours by a person entitled to receive the money therein specified, if the same be then due and payable, he and his sureties, and the personal representatives of such of them as are dead, shall be liable to the person entitled to receive the money due on said order for the whole amount due thereon at the time of such presentation, with legal interest on such amount from that time until payment, and ten percent on the same amount as damages.
W. Va. Code § 25-5-15 — WV Code / Chapter 25 / Article 5 / Section 15
§25-5-15. Bonding requirements.
Status: in_force

A contractor shall give a performance bond payable to the State of West Virginia, in a form satisfactory to the commissioner, executed by a surety company qualified to do business in this state and in the penal sum, as determined by the commissioner, in an amount not less than $100,000. The bond shall be conditioned on the contractor performing all the requirements of this article and the rules promulgated hereunder.
W. Va. Code § 62-12-12A — WV Code / Chapter 62 / Article 12 / Section 12A
§62-12-12a. Parole board panels.
Status: in_force

(a) The board shall sit in panels of three members for the purpose of conducting hearings and making determinations concerning the release of any inmate on parole, conducting hearings and making determinations regarding the revocation of parole, considering any eligible parolee for release from further supervision and discharge from parole, conducting parole interviews and conducting any other hearing provided for in this article. Membership on each panel shall be appointed on a rotating basis by the chairperson of the board. Two members of each panel shall constitute a quorum for the transaction of official business.

(b) When the board sits in panels as herein authorized, each panel shall act in the same manner and under the same authority as the full board. All authority, duties, powers and responsibilities of the board on any matter brought before the panel for hearing shall be exercised by the panel as though heard and decided by the full board. Decisions of each panel shall constitute a decision of the board. All procedures of the board relating to the conduct of hearings shall apply to hearings before the panels of the board.
W. Va. Code § 31C-11-10 — WV Code / Chapter 31C / Article 11 / Section 10
§31C-11-10. Reserves.
Status: in_force

(a) The corporate credit union shall be exempt from the regular reserve requirements of subsection (a), section three, article nine of this chapter but at the end of each accounting period and prior to paying a dividend or interest refund (or, at the option of the credit union, on a monthly basis if dividends or interest refunds are paid more frequently than monthly) sums shall be set aside in a regular reserve in accordance with the following schedule:

(1) When the credit union's regular reserve and undivided earnings are less than two percent of assets at the end of the transfer period, the credit union shall set aside an amount equal to .0015 times the credit union's average daily assets for the transfer period, times the number of days in the transfer period, divided by three hundred sixty-five.

(2) When the regular reserve and undivided earnings are equal to or greater than two percent of assets, but the regular reserve is less than four percent of assets, the credit union shall set aside an amount equal to .0010 times the credit union's average daily assets for the transfer period, times the number of days in the transfer period, divided by three hundred sixty-five.

(b) Charges may be made to the regular reserve for loan losses and for investment losses caused by factors other than trading losses or market fluctuations. Other charges to the regular reserve may only be made with the prior approval of the commissioner.

(c) Additional reserves for corporate credit unions may be required by the commissioner when in his or her discretion, circumstances make such additional reserves necessary and prudent for the protection of shareholders and depositors.