FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 31D-7-704 — WV Code / Chapter 31D / Article 7 / Section 704
§31D-7-704. Action without meeting.
Status: in_force

(a) Action required or permitted by this chapter to be taken at a shareholders' meeting may be taken without a meeting if the action is taken by all the shareholders entitled to vote on the action. The action must be evidenced by one or more written consents bearing the date of signature and describing the action taken, signed by all the shareholders entitled to vote on the action, and delivered to the corporation for inclusion in the minutes or filing with the corporate records.

(b) If not otherwise fixed under section seven hundred three or seven hundred seven of this article, the record date for determining shareholders entitled to take action without a meeting is the date the first shareholder signs the consent under subsection (a) of this section. No written consent may be effective to take the corporate action referred to in the consent unless, within sixty days of the earliest date appearing on a consent delivered to the corporation in the manner required by this section, written consents signed by all shareholders entitled to vote on the action are received by the corporation. A written consent may be revoked by a writing to that effect received by the corporation prior to receipt by the corporation of unrevoked written consents sufficient in number to take corporate action.

(c) A consent signed under this section has the effect of a meeting vote and may be described as a meeting vote in any document.

(d) If this chapter requires that notice of proposed action be given to nonvoting shareholders and the action is to be taken by unanimous consent of the voting shareholders, the corporation must give its nonvoting shareholders written notice of the proposed action at least ten days before the action is taken. The notice must contain or be accompanied by the same material that, under this chapter, would have been required to be sent to nonvoting shareholders in a notice of meeting at which the proposed action would have been submitted to the shareholders for action.
W. Va. Code § 3-9-11 — WV Code / Chapter 3 / Article 9 / Section 11
§3-9-11. Failure to make returns; penalties.
Status: in_force

Any election officer who shall wilfully fail, neglect or refuse to prepare and return certificates of the result of the election in the manner provided, within twelve hours after the completion of the count, tabulation and declaration of the results, shall be guilty of a misdemeanor, and, upon conviction, fined not more than $1,000, or confined in the county jail for not more than one year, or both, in the discretion of the court.
W. Va. Code § 29-22-18G — WV Code / Chapter 29 / Article 22 / Section 18G
§29-22-18g. Additional allocation of net profits from the State Lottery Fund to Fire Protection Fund, County Fire Protection Fund and All County Fire Protection Fund.
Status: in_force

(a) Notwithstanding any other provision of this code to the contrary, following the end of each fiscal year, after the Lottery Commission has met the requirements for the allocation of net profits from the State Lottery Fund as required under §29-22-18 of this code and any other provisions of this code, and after satisfying the requirements for funds dedicated to pay debt service in accordance with bonds payable from the State Lottery Fund and for other purposes as required by §29-22-18 and §29-22-18f of this code, the Lottery Commission shall annually allocate and transfer from any remaining and available net profits for the fiscal year in the State Lottery Fund the following:

(1) The sum of $6 million, or the sum of the remaining and available net profits, whichever is less, to the Fire Protection Fund created in §33-3-33 of this code, which sum transferred shall be distributed in accordance with the provisions of that section;

(2) The sum of $3 million, or the sum of the remaining and available net profits, whichever is less, to the County Fire Protection Fund created in §7-5B-1 of this code, which sum transferred shall be distributed in accordance with the provisions of that section; and

(3) The sum of $3 million, or the sum of the remaining and available net profits, whichever is less, to the All County Fire Protection Fund created in §7-5B-2 of this code, which sum transferred shall be distributed in accordance with the provisions of that section.

(b) In the event that remaining and available net profits for the fiscal year in the State Lottery Fund are not sufficient to meet the allocation and transfer of net profits as directed under subsection (a) of this section, then the amounts allocated and transferred under subsection (a) of this section from any remaining and available net profits for the fiscal year shall be reduced on a pro rata basis.
W. Va. Code § 48-5A-102 — WV Code / Chapter 48 / Article 5A / Section 102
§48-5A-102. Collaborative law generally; requesting the Supreme Court to study collaborative law procedures for possible implementation in this state.
Status: in_force

(a) Collaborative law is a procedure in which parties who are involved in family law matters and the involved attorneys agree in writing to use their best efforts and make a good-faith attempt to resolve their disputes arising from family law matters on an agreed basis without resorting to judicial intervention, except to have a court approve the settlement agreement, make the legal pronouncements and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate.

(b) Several states have passed laws adopting collaborative law procedures. The Legislature requests that the Supreme Court of Appeals study the use of collaborative law procedures in the family courts of this state and, should the court find that the procedures would be an effective alternative approach to dispute resolution in family law matters, promulgate rules for the implementation of the collaborative law procedures. The Legislature further requests that the Supreme Court of Appeals present its findings and any rules promulgated to the Legislature at the regular session of the Legislature, 2009.
W. Va. Code § 15-1E-16 — WV Code / Chapter 15 / Article 1E / Section 16
§15-1E-16. Courts-martial classified.
Status: in_force

PART IV. COURT-MARTIAL JURISDICTION.

The three kinds of courts-martial in the state military forces are:

(1) General courts-martial, consisting of:

(A) A military judge and not less than five members; or

(B) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed only of a military judge and the military judge approves;

(2) Special courts-martial, consisting of:

(A) A military judge and not less than three members; or

(B) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in subdivision (1) of this section so requests; and

(3) Summary courts-martial, consisting of one commissioned officer.
W. Va. Code § 20-2-33C — WV Code / Chapter 20 / Article 2 / Section 33C
§20-2-33c. Electronic application donation to West Virginia University Rifle Team; special fund created; authorized disbursements.
Status: in_force

(a) Every electronic application for a hunting or fishing license shall include a solicitation for a voluntary donation to the West Virginia University Rifle Team.

(b) The license applicant will be offered an opportunity to designate a donation in any amount to the West Virginia University Rifle Team. The Director of the Division of Natural Resources shall deposit any donations made by an applicant to the special revenue account created in subsection (c) of this section.

(c) There is created in the State Treasury a special revenue fund known as the West Virginia University Rifle Team Program Fund. The fund shall be comprised of all moneys donated through an electronic application for a hunting or fishing license as authorized by this section, any moneys appropriated by the Legislature, and any income from the investment of money held in the fund. The fund shall operate as a special revenue fund and all deposits and payments into the fund do not expire to the General Revenue Fund but shall remain in the account and be available for expenditure in succeeding fiscal years.

(d) Expenditures from the West Virginia University Rifle Team Program Fund shall be for the purposes set forth in this section. The moneys in the West Virginia University Rifle Team Program Fund will be paid out at least annually by the Director of the Division of Natural Resources to the West Virginia University Rifle Team Account: Provided , That the Division of Natural Resources shall deduct no more than five percent of donations derived under this section as an administrative fee to recover processing costs prior to transferring any money to the West Virginia University Rifle Team Account: Provided, however , That the Division of Natural Resources is absolved of all responsibilities established pursuant to this section if the West Virginia University Rifle Team ceases to exist.

(e) The Division of Natural Resources shall, following the close of each fiscal year for the two years following the creation of the fund, prepare an annual report detailing the categories of expenditures from the West Virginia University Rifle Team Program Fund and listing all sources of revenue as well as a closing balance for the year. The report shall be submitted in an electronic format to the Joint Committee on Government and Finance no later than eight weeks after the close of the fiscal year.
W. Va. Code § 18-5-13D — WV Code / Chapter 18 / Article 5 / Section 13D
§18-5-13d. Use of school facilities for funeral and memorial services.
Status: in_force

(a) Public schools in this state serve as an integral part of the community and the death of a community member of distinction who was a military service member or veteran who served under honorable conditions, or who served as a first responder, can have a significant impact on students and the surrounding community.

(b) Notwithstanding any other provision of this code or any policy currently in place, county boards of education shall allow school facilities in the county to be used for the funeral or memorial service, or both funeral and memorial services, of a community member of distinction who was a military service member or veteran who served under honorable conditions or who served as a first responder, consistent with this section. County boards may set up a process by which requests to use school facilities for such purposes may be made. County boards may not be responsible for additional costs incurred as a result of holding the funeral or memorial service at the school facility.

(c) Any funeral or memorial service held at a school facility may not disrupt or interfere with classroom instruction, any other scheduled school event or activity, or other official governmental use, such as when a school serves as a polling place for an election.
W. Va. Code § 49-12-1 — WV Code / Chapter 49 / Article 12 / Section 1
§49-12-1. Short title.
Status: in_force

This article shall be known and may be cited as the "Parents’ Bill of Rights".
W. Va. Code § 6B-2B-5 — WV Code / Chapter 6B / Article 2B / Section 5
§6B-2B-5. Existing items as of the effective date.
Status: in_force

(a) If a public official, public employee or public agency possesses items or materials in contravention of this rule or section five-c, article two of this chapter that were purchased prior to the effective date, the public official, public employee or public agency may not continue to distribute, disseminate, communicate or display publicly these items or materials.

(b) Notwithstanding the prohibition in subsection (a) of this section,

(1) Materials may be used publicly if the public official’s name or likeness are permanently removed or covered: Provided, That a public official’s name or likeness may be covered with a sticker, be marked out or obliterated in any other manner;

(2) The public agency may use the items or materials for internal use if they are not publicly distributed, disseminated, communicated or displayed; and

(3) When appropriate and in compliance with law, a public agency may donate the items to surplus, charity or an organization serving the poor and needy.
W. Va. Code § 37-12-2 — WV Code / Chapter 37 / Article 12 / Section 2
§37-12-2. Execution of orders of survey.
Status: in_force

Every surveyor shall promptly and faithfully execute any order of survey made by any court, of lands lying in his county, and make due return of a true plat and certificate thereof; and, if he fail to do so, he shall forfeit $50 to the party injured by such failure.
W. Va. Code § 48-7-302 — WV Code / Chapter 48 / Article 7 / Section 302
§48-7-302. Notice of hearing for injunction; temporary injunction.
Status: in_force

Any such injunction may be granted upon proper hearing after notice. For good cause shown, a temporary injunction may be issued after an ex parte proceeding with notice and proper hearing for a permanent injunction to be held forthwith thereafter.
W. Va. Code § 46A-6H-6 — WV Code / Chapter 46A / Article 6H / Section 6
§46A-6H-6. Remedies; effective date; nonwaiver.
Status: in_force

(a) This article shall apply to transfer agreements of future payment rights executed after the effective date of this article. Nothing in this article shall be construed to impair, limit, affect or otherwise apply to any transfer agreement executed prior to the effective date of this article.

(b) A violation of a provision of this article by the transferee is an unfair or deceptive act or practice in the conduct of commerce pursuant to the provisions of article six, section one hundred four of this chapter. The remedy provided for in this section is in addition to other remedies provided for by law.

(c) The provisions of this article may not be waived.
W. Va. Code § 60A-10-1 — WV Code / Chapter 60A / Article 10 / Section 1
§60A-10-1. Short title.
Status: in_force

The provisions of this article shall be known and referred to as the Methamphetamine Laboratory Eradication Act.
W. Va. Code § 16B-16-5 — WV Code / Chapter 16B / Article 16 / Section 5
§16B-16-5. Subpoena powers.
Status: in_force

(a) The Foster Care Ombudsman may, in the course of any investigation:

(1) Apply to the circuit court of the appropriate county or the Circuit Court of Kanawha County for the issuance of a subpoena to compel at a specific time and place, by subpoena, the appearance, before a person authorized to administer oaths, the sworn testimony of any person whom the Foster Care Ombudsman reasonably believes may be able to give information relating to a matter under investigation; or

(2) Apply to the circuit court of the appropriate county or the Circuit Court of Kanawha County for the issuance of a subpoena duces tecum to compel any person to produce at a specific time and place, before a person authorized to administer oaths, any documents, books, records, papers, objects, or other evidence which the Foster Care Ombudsman reasonably believes may relate to a matter under investigation.

(b) A subpoena or subpoena duces tecum applied for by the Foster Care Ombudsman may not be issued until a circuit court judge in term or vacation thereof has personally reviewed the application and accompanying affidavits and approved, by a signed order entered by the judge, the issuance of the subpoena or subpoena duces tecum. Subpoenas or subpoenas duces tecum applied for pursuant to this section may be issued on an ex parte basis following review and approval of the application by the judge in term or vacation thereof.

(c) The Attorney General shall, upon request, provide legal counsel and services to the Foster Care Ombudsman in all administrative proceedings and in all proceedings in any circuit court and the West Virginia Supreme Court of Appeals.
W. Va. Code § 49-4-728 — WV Code / Chapter 49 / Article 4 / Section 728
§49-4-728. Definitions for juvenile competency proceedings.
Status: in_force

As used in §49-4-727 through §49-4-734 of this code:

“Competent” and “competency” refer to whether or not a juvenile has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding and has a rational as well as factual understanding of the proceedings against him or her. A juvenile is incompetent if, due to developmental disability, intellectual disability, or mental illness, the juvenile is presently incapable of understanding the nature and objective of proceedings against him or her or of assisting in his or her defense.

“Competency attainment services” means services provided to a juvenile to assist the juvenile in attaining competency.

“Department” means the Department of Health and Human Resources.

“Developmental disability” means a severe and chronic disability that is attributable to a mental or physical impairment, including, but not limited to, neurological conditions that lead to impairment of general intellectual functioning or adaptive behavior.

“Developmental immaturity” means a condition based on a juvenile’s chronological age and significant lack of developmental skills when the juvenile has no significant mental illness or intellectual disability.

“Intellectual disability” means a disability characterized by significant limitations both in intellectual functioning and in adaptive behavior as expressed in conceptual, social, and practical domains.

“Mental illness” means a manifestation in a person of significantly impaired capacity to maintain acceptable levels of functioning in the areas of intellect, emotion, and physical well-being.

“Proceeding” means any delinquency proceeding under this article.

“Qualified forensic evaluator” means a licensed psychologist or psychiatrist with the necessary education, training, and experience to perform juvenile competency evaluations, and who has been approved to render opinions for the court pursuant to the requirements of §49-4-729 of this code.
W. Va. Code § 2-2-7 — WV Code / Chapter 2 / Article 2 / Section 7
§2-2-7. Affirmation equivalent to oath.
Status: in_force

A solemn affirmation shall be equivalent to an oath in all cases, unless otherwise expressly provided, and the word "oath" shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation.
W. Va. Code § 9-2-9C — WV Code / Chapter 9 / Article 2 / Section 9C
§9-2-9c. Behavioral Mental Health Services Fund created.
Status: in_force

There is created in the State Treasury a special revenue account to be designated the "Behavioral Mental Health Services Fund" which is an interest-bearing account that may be invested and retain all earnings. On or before August 1, 2010, the State Treasurer shall make a one-time transfer of $14,750,000 from Fund 1509 – Consumer Protection Recovery Fund, administered by the Attorney General, into the Behavioral Mental Health Services Fund. All moneys transferred to this fund shall be expended in accordance with the settlement provisions of State of West Virginia v. Eli Lilly and Company, Inc., United States District Court of the Eastern District of New York, Civil Action No. 06-CV-5826. Nothing in this article may be construed to mandate additional funding or to require any additional appropriation by the Legislature.
W. Va. Code § 46A-6D-10 — WV Code / Chapter 46A / Article 6D / Section 10
§46A-6D-10. Exemptions.
Status: in_force

The provisions of sections four through seven of this article do not apply to the sale or purchase, or solicitation or representation in connection therewith, of goods from a catalog or of books, recordings, videocassettes, periodicals and similar goods through a membership group or club which is regulated by the federal trade commission trade regulation rule concerning use of negative option plans by sellers in commerce or through a contractual plan or arrangement such as a continuity plan, subscription arrangement or a single sale or purchase series arrangement under which the seller ships goods to a consumer who has consented in advance to receive such goods and the recipient of such goods is given the opportunity, after examination of the goods, to receive a full refund of charges for the goods, or unused portion thereof, upon return of the goods, or unused portion thereof, undamaged.
W. Va. Code § 55-21-13 — WV Code / Chapter 55 / Article 21 / Section 13
§55-21-13. Duties of owner.
Status: in_force

(a) An owner shall:

(1) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver’s duties;

(2) Preserve and turn over to the receiver all receivership property in the owner’s possession, custody, or control;

(3) Identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owner’s possession, custody, or control;

(4) On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities, and financial condition of the owner or any matter relating to the receivership property or the receivership; and

(5) Perform any duty imposed by court order, this article, or law of this state other than this article.

(b) If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee, or other person exercising or having the power to exercise control over the affairs of the owner.

(c) If a person knowingly fails to perform a duty imposed by this section, the court may:

(1) Award the receiver actual damages caused by the person’s failure, reasonable attorney’s fees, and costs; and

(2) Sanction the failure as civil contempt.
W. Va. Code § 30-26-4 — WV Code / Chapter 30 / Article 26 / Section 4
§30-26-4. Administrative duties; examinations; register; use of fees.
Status: in_force

(a) Effective July 1, 2012, the administrative work of the board shall be performed by the board. The board shall keep full and complete records of all of their proceedings and accounts, which said records and accounts shall be open to public inspection at all reasonable times.

(b) The board may conduct, supervise and administer the qualifying examinations authorized and required by this article, to maintain for a register or record of persons who apply for a license or a temporary trainee permit as well as a register or record of the name and last-known business address of all persons to whom a license or trainee permit is issued pursuant to this article.

(c) Effective July 1, 2012, the board shall bear the costs of carrying out the powers and duties granted to it by this article from the fees collected by it for these purposes.
W. Va. Code § 14-1-24 — WV Code / Chapter 14 / Article 1 / Section 24
§14-1-24. Compensation of Auditor's agents for collection of debts.
Status: in_force

For the service rendered to the Auditor by any agent under the pertinent sections of this article, the Auditor shall recommend such compensation as may seem to him reasonable, not exceeding in any case fifty percent of the money actually paid into the treasury. The Governor shall authorize the payment of what may be so recommended or so much thereof as in his judgment may be proper.
W. Va. Code § 60-4-1 — WV Code / Chapter 60 / Article 4 / Section 1
§60-4-1. Grant and revocation of licenses; issuance or renewal for calendar year.
Status: in_force

The commission shall grant and revoke licenses in accordance with the provisions of this article. Licenses shall be issued and renewed for the period of the calendar year.