FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 1-7-3 — WV Code / Chapter 1 / Article 7 / Section 3
§1-7-3. Protecting privacy of association.
Status: in_force

(a) Except as otherwise provided in chapter 3 of this code, chapter 6B of this code, or subsection (e) of this section, a public agency may not require any tax-exempt organization under 26 U.S.C. § 501(c) to provide the agency with donor or membership information: Provided, That where the public agency nevertheless obtains donor or membership information, such information may not be released unless pursuant to chapter 3 of this code, chapter 6B of this code, or subsection (e) of this section.

(b) A public agency may not release, permit to be released, nor be compelled to release any record which identifies an individual’s association with any tax-exempt organization under 26 U.S.C. §501(c), or which reveals an individual’s financial or nonfinancial support for such an entity, without the express written permission of the entity and the citizen, or at the request of the citizen.

(c) All donor or membership information is exempt from production or disclosure under the state’s Freedom of Information Act, §29B-1-1 et seq. of this code.

(d) A public agency does not violate subsection (a) of this section if donor or membership information is redacted from a disclosed record.

(e) Nothing in this section precludes compliance with a lawful order issued by a court of competent jurisdiction.
W. Va. Code § 19-11B-14 — WV Code / Chapter 19 / Article 11B / Section 14
§19-11B-14. Payment of fees.
Status: in_force

All fees, penalties or other moneys collected by the commissioner under the provisions of this article shall be paid into a special account and expended upon the order of the commissioner for the purpose of the enforcement and administration of this article.
W. Va. Code § 19-1C-3 — WV Code / Chapter 19 / Article 1C / Section 3
§19-1C-3. Livestock Care Standards Board.
Status: in_force

(a) On July 1, 2010, there is hereby created the Livestock Care Standards Board.

(b) Commencing July 1, 2021, the board consists of the following 13 members, to be appointed by the Governor, by and with the consent of the Senate:

(1) The Commissioner of the Department of Agriculture or his or her designee, ex officio non-voting, who is the chairperson of the board;

(2) The State Veterinarian, ex officio non-voting;

(3) One member who is a veterinarian licensed in this state engaging in large animal practice;

(4) The dean of the agriculture department of a college or university located in this state;

(5) One member representing a county humane society that is organized under state law;

(6) One member who is knowledgeable about food safety in this state;

(7) Two members who are law-enforcement officers: Provided , That one member shall be appointed for an initial term of two years, and the other shall be appointed for an initial term of five years;

(8) One member selected from a list of three individuals submitted from the largest statewide poultry organization;

(9) One member selected from a list of three individuals submitted by the largest statewide livestock organization; and

(10) Three members, at least two of whom are family farmers, selected from a list of 10 individuals submitted by the largest organization in the state representing farmers.

(c) After the initial appointment terms, the appointment term is five years. Appointed members may be reappointed for additional terms.

(d) All members must be residents of this state during their terms.

(e) All appointed members serve until their successor has been appointed and qualified. Vacancies shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
W. Va. Code § 38-7-20 — WV Code / Chapter 38 / Article 7 / Section 20
§38-7-20. Retention of property or release of attachment on forthcoming bond or bond to perform judgment taken by officer.
Status: in_force

Any property seized under any attachment, where the plaintiff has given bond, may be retained by, or returned to, the person in whose possession it was, on his giving bond, with condition to have the same forthcoming at such time and place as the court may require; or the defendant in any attachment may release from the attachment the whole of the estate attached, by giving bond, with condition to perform the judgment or decree of the court. The bond, in either case, shall be taken by the officer serving the attachment, with security, payable to the plaintiff, and in a penalty, in the latter case, of at least the amount of the claim for which the attachment issued, with the costs, and in the former, either of the amount of the claim for which the attachment issued, with the costs, or of the value of the property retained or returned, at the option of the person giving it.
W. Va. Code § 48-16-314 — WV Code / Chapter 48 / Article 16 / Section 314
§48-16-314.Limited immunity of petitioner.
Status: in_force

(a) Participation by a petitioner in a proceeding under this article before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this article.

(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this article committed by a party while physically present in this state to participate in the proceeding.
W. Va. Code § 13-2G-11 — WV Code / Chapter 13 / Article 2G / Section 11
§13-2G-11. Bonds previously issued by the board of regents.
Status: in_force

In connection with or incident to the refunding of any bonds previously issued by the board of regents pursuant to any prior enactment of chapter eighteen of the code, or the board of regents predecessor in interest, the university of West Virginia board of trustees and the board of directors of the state college system, as the transferees of all powers, duties and authorities of the board of regents pursuant to chapter eighteen-b of the code, are authorized to make one or more written agreements with regard to which entity is obligated to provide for the payment of such bonds previously issued by the board of regents and with regard to the allocation of revenues to be dedicated to the payment of refunding bonds.
W. Va. Code § 61-7B-3 — WV Code / Chapter 61 / Article 7B / Section 3
§61-7B-3. Definitions.
Status: in_force

For purposes of this article, the following words and phrases have the following meaning:

“Commandeering” means taking control of or seizing the assets, personnel, or operations of an agency of this state, or of a political subdivision of this state, or the employees of an agency or political subdivision of this state without the express authority for the control having been formally given by the state or political subdivision of the state.

“Federal commandeering” means commandeering by the government of the United States, or any department, bureau, agency, or commission of the assets, personnel, operations, or employees of an agency of this state, or of a political subdivision.

“Inconsistent federal firearms law, regulation, or rule” means a federal statute, regulation, or rule relating to firearms, firearms accessories, or ammunition that is inconsistent with the laws of the State of West Virginia. Inconsistent federal firearms law also means and includes any federal firearms law which the enactment, enforcement, or execution of which violates the Second Amendment of the Constitution of the United States.

“Inconsistent presidential firearms executive order or action” means an executive order or action issued by the President of the United States relating to the enforcement or execution of an inconsistent federal firearms law.

“Inconsistent with the law of West Virginia” in the context of an inconsistent federal firearms law means a federal firearms law which criminalizes the possession of a firearm, firearm accessory, or ammunition for federal purposes when the possession of that firearm, firearm accessory or ammunition would not be, and is not, a violation of the law of the State of West Virginia.

“New inconsistent federal firearms law” means an inconsistent federal firearms law that was not in effect prior to January 1, 2021.

“New inconsistent presidential firearms executive order or action” means an inconsistent presidential firearms executive order or action which was not in effect prior to January 1, 2021.

“Red flag law” means a law under which a person may petition for a court to temporarily take away another person’s right to possess a firearm which it is otherwise lawful under the law of West Virginia for the respondent to possess.
W. Va. Code § 33-17A-4C — WV Code / Chapter 33 / Article 17A / Section 4C
§33-17A-4c. Report to the Legislature.
Status: in_force

By January 1, 2010, the Commissioner shall submit a report to the Legislature. The report shall contain the following:

(1) An analysis of the impact of legislation enacted during the 2005 legislative session upon rates and insurance availability in the state; and

(2) Statistics reflecting the rate history of insurers conducting business in West Virginia from July 1, 2005, until July 1, 2009.
W. Va. Code § 15-10-6 — WV Code / Chapter 15 / Article 10 / Section 6
§15-10-6. Transportation of out-of-state prisoners; authority of foreign law-enforcement officers.
Status: in_force

(a) Duly authorized law enforcement officers of the United States, the District of Columbia and other states or political subdivisions thereof who are transporting prisoners through this state, delivering prisoners to this state or taking custody of a person in this state for transport to another jurisdiction are deemed to have lawful custody of said prisoner while in this state.

(b) Given that duly authorized officers of other jurisdictions often have a need to travel through or to this state with prisoners for short durations of time, such as for medical treatment, the purpose of this section is to clarify the authority and jurisdiction of those officers of the United States, the District of Columbia and other states while having custody of a prisoner during the time they are in West Virginia.
W. Va. Code § 56-8-12 — WV Code / Chapter 56 / Article 8 / Section 12
§56-8-12. Reinstatement of dismissed case or nonsuit.
Status: in_force

Any court may, on motion, reinstate on the trial docket of the court any case dismissed, and set aside any nonsuit that may be entered by reason of the nonappearance of the plaintiff, within three terms after the order of dismissal shall have been made, or order of nonsuit entered; but any such order of reinstatement shall not be entered until the accrued costs in such case shall have been paid.
W. Va. Code § 29-22-14 — WV Code / Chapter 29 / Article 22 / Section 14
§29-22-14. Administrative violations of articles; hearing; administrative penalties.
Status: in_force

(a) In addition to any criminal penalty imposed under the provisions of this article or any other chapter of this code:

(1) No person shall be appointed, employed or continue to serve in any position or employment with the commission who has been convicted of any violation of this article, or of any felony or any crime related to theft or gambling or involving moral turpitude. The commission shall remove or discharge any person so convicted.

(2) No person shall be licensed as a lottery sales agent nor authorized to act as a lottery retailer who has been convicted of any violation of this article, or of any felony or any crime related to theft or gambling or involving moral turpitude. The commission shall revoke the license or the authority of any person so convicted.

(3) No person shall be permitted to act as vendor to the commission who has been convicted of any violation of this article, or of any felony or any crime related to theft, bribery or gambling or involving moral turpitude. The commission shall deny the privilege of acting as a vendor to the commission for any person so convicted.

(b) Any person aggrieved by any action of the commission under the provisions of this article may in writing to the commission request a hearing which shall be held before the commission or its duly authorized representative. Upon receipt of the request for a hearing, the commission shall set a hearing date within thirty days of the receipt of the request and shall notify the aggrieved party in writing at least seven days in advance of the hearing date of the time, date and place of the hearing. The commission shall issue an order within thirty days after the hearing date, either affirming or reversing the action of the director. The provisions of chapter twenty-nine-a of this code shall apply to such hearings.

(c) After hearing and determination that any provision of this article or rule or regulation of the commission has been violated, the commission may impose a penalty not to exceed $100 per violation.
W. Va. Code § 57-5-4G — WV Code / Chapter 57 / Article 5 / Section 4G
§57-5-4g. Hospital records; obtaining personal attendance of custodian.
Status: in_force

The personal attendance of the custodian shall be required if the subpoena duces tecum contains a clause which reads:

"The procedure authorized pursuant to section four-b of this article will not be deemed sufficient compliance with this subpoena."
W. Va. Code § 17C-1-46 — WV Code / Chapter 17C / Article 1 / Section 46
§17C-1-46. Residence district.
Status: in_force

"Residence district" means the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business.
W. Va. Code § 21A-4-7 — WV Code / Chapter 21A / Article 4 / Section 7
§21A-4-7. Quorum.
Status: in_force

A majority of the members of the board shall constitute a quorum for the hearing of appealed claims.
W. Va. Code § 46-9-514 — WV Code / Chapter 46 / Article 9 / Section 514
§46-9-514. Assignment of powers of secured party of record.
Status: in_force

(a) Assignment reflected on initial financing statement. Except as otherwise provided in subsection (c) of this section, an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party.

(b) Assignment of filed financing statement. Except as otherwise provided in subsection (c) of this section, a secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement which:

(1) Identifies, by its file number, the initial financing statement to which it relates;

(2) Provides the name of the assignor; and

(3) Provides the name and mailing address of the assignee.

(c) Assignment of record of mortgage. An assignment of record of a security interest in a fixture covered by a record of a mortgage which is effective as a financing statement filed as a fixture filing under section 9-502(c) may be made only by an assignment of record of the mortgage in the manner provided by law of this state other than the Uniform Commercial Code.
W. Va. Code § 11A-1-8A — WV Code / Chapter 11A / Article 1 / Section 8A
§11A-1-8a. Providing for payment at banking institutions.
Status: in_force

Notwithstanding any other provision of this code the sheriff, with the consent of the county commission, may enter into a contract with one or more banking institutions, as defined in section two, article one, chapter thirty-one-a of this code, doing business in the county for the purpose of receiving payment of property taxes.

Any such contract shall specify the manner in which all taxes received shall be paid to the sheriff and a method for verification by the sheriff and the county commission of all amounts received pursuant to the contract. The contract may provide for the payment of a reasonable fee for the provision of such services by the banking institution.

Nothing herein may be construed to affect the amount of the commission due the sheriff provided for in section seventeen of this article.
W. Va. Code § 13-2H-8 — WV Code / Chapter 13 / Article 2H / Section 8
§13-2H-8. Redemption of bonds.
Status: in_force

The lottery revenue bonds issued pursuant to this article may contain a provision therein to the effect that they, or any of them, may be called for redemption at any time prior to maturity by the governmental body and at such redemption prices or premiums, which terms shall be stated in the bond.
W. Va. Code § 31-18E-8 — WV Code / Chapter 31 / Article 18E / Section 8
§31-18E-8. Eminent domain.
Status: in_force

A land reuse agency does not possess the power of eminent domain. Any property obtained by the power of eminent domain after the effective date of this article may not be acquired by a land reuse agency by any means.
W. Va. Code § 5-16C-8 — WV Code / Chapter 5 / Article 16C / Section 8
§5-16C-8. Audit required; reports.
Status: in_force

(a) The director shall cause to be conducted an audit of any funds expended pursuant to any prescription drug purchasing agreement or pharmacy benefit management contract executed under the provisions of this article for each fiscal year that the prescription drug purchasing agreement or pharmacy benefit management contract is in effect. The director shall submit the audit to the Joint Committee on Government and Finance upon completion, but in no event later than December 31, after the end of the fiscal year subject to audit.

(b) The director shall provide written notice to the Joint Committee on Government and Finance before executing a prescription drug purchasing agreement or a pharmacy benefit management contract or amending an existing prescription drug contract.
W. Va. Code § 30-7C-4 — WV Code / Chapter 30 / Article 7C / Section 4
§30-7C-4. Use of title "West Virginia dialysis technician" or "dialysis technician"; dialysis technician trainees.
Status: in_force

(a) An individual certified by the board as a dialysis technician pursuant to the provisions of this article shal1 be known as a West Virginia dialysis technician or dialysis technician and may use the initials "D.T." after his or her name. After June 30, 2005, no other individual may use the title, abbreviation or any other words, letters, figures, signs or devices to indicate that he or she is a dialysis technician.

(b) An individual enrolled in an approved dialysis technician training program shall use the title dialysis technician trainee. A dialysis technician trainee shall adhere to the standards for dialysis technicians and is subject to disciplinary action by the board as provided in the board’s rules.
W. Va. Code § 17D-2A-2 — WV Code / Chapter 17D / Article 2A / Section 2
§17D-2A-2. Scope of article.
Status: in_force

This article applies to the operation of all motor vehicles required to be registered or operated on the roads and highways to have the security in effect, as provided in section three, article two-a of this chapter, with the exception of motor vehicles owned by the state, any of its political subdivisions or by the federal government.

For the purposes of this article, "commercial auto coverage" is defined as any coverage provided to an insured, regardless of number of vehicles or entity covered, under a commercial coverage form and rated from a commercial manual approved by the Department of Insurance. This article does not apply to commercial vehicles insured under commercial auto coverage; however, insurers of such vehicles may participate on a voluntary basis.
W. Va. Code § 29-1A-2A — WV Code / Chapter 29 / Article 1A / Section 2A
§29-1A-2a. Life members.
Status: in_force

In addition to the commissioners appointed and serving pursuant to other provisions of this article, any person who serves as a member of the commission for twenty years and because of such years of service is appointed by the national conference of commissioners on uniform state laws as a life member of such conference shall remain as an additional member of the commission, and shall have the same duties, responsibilities and privileges as any member of the commission appointed by the Governor.
W. Va. Code § 46-4-108 — WV Code / Chapter 46 / Article 4 / Section 108
§46-4-108. Time of receipt of items.
Status: in_force

(a) For the purpose of allowing time to process items, prove balances and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of two p.m. or later as a cutoff hour for the handling of money and items and the making of entries on its books.

(b) An item or deposit of money received on any day after a cutoff hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day.
W. Va. Code § 21-9-12A — WV Code / Chapter 21 / Article 9 / Section 12A
§21-9-12a. Violation of cease and desist order; penalties.
Status: in_force

(a) Upon a determination that a person is engaging in business without a valid license as required under the provisions of section nine of this article, the board or commissioner may immediately issue a cease and desist order requiring the person to cease all operations within this state. After a hearing, the board may impose a penalty of not less than two hundred dollars nor more than one thousand dollars upon any person found to have been engaging in business in this state without a valid license as required under the provisions of section nine of this article.

(b) The board may institute proceedings in the circuit court of the county where the violation occurred, against any person violating a cease and desist order issued under the provisions of subsection (a) of this section.

(c) Any person continuing to engage in business in this state without a valid license as required under the provisions of section nine of this article, after the issuance of a cease and desist order under the provisions of subsection (a) of this section, is guilty of a misdemeanor and, upon conviction thereof, is subject to the following penalties:

(1) For a first offense, a fine of not less than two hundred dollars nor more than one thousand dollars;

(2) For a second offense, a fine of not less than five hundred dollars nor more than five thousand dollars, or confinement in a county or regional jail for not less than thirty days nor more than six months or both a fine and confinement; and

(3) For a third or subsequent offense, a fine of not less than one thousand dollars nor more than five thousand dollars, and confinement in the county or regional jail for not less than thirty days nor more than one year.
W. Va. Code § 5A-6B-6 — WV Code / Chapter 5A / Article 6B / Section 6
§5A-6B-6. Annual reports.
Status: in_force

The Chief Information Security Officer shall annually, beginning on December 1, 2019, and on December 1 of each year thereafter, report to the Joint Committee on Government and Finance and to the Governor on the status of the cybersecurity program, including any recommended statutory changes. The report shall include a summary of each state agency’s report submitted pursuant to §5A-6B-4 of this code regarding the agency’s cybersecurity readiness and the agency’s information technology modernization efforts.