FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 8-29B-2 — WV Code / Chapter 8 / Article 29B / Section 2
§8-29B-2. Definitions.
Status: in_force

As used in this article:

(1) “Aircraft” has the meaning provided in §29-2A-1 of this code.

(2) “Airport” means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, as defined above, any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon as well as any heliport, helistop, vertiport, gliderport, seaplane base, ultralight flightpark, manned balloon launching facility, or other aircraft landing or takeoff area operated by an airport operator as that term is defined in §8-29B-2(3) of this code.

(3) “Airport operator” means a governing body, regional airport authority, or county airport authority, under §8-28-1 et seq ., §8-29-1 et seq ., or §8-29A-1 et seq . of this code, or a board, commission, authority, or committee operating under any local act of the Legislature, charged with the operation and management of an airport.

(4) “Airport police officer” means any individual assigned, appointed, or designated by an airport operator, to serve as a police officer at an airport.
W. Va. Code § 33-46A-3 — WV Code / Chapter 33 / Article 46A / Section 3
§33-46A-3. Rights, duties and obligations unaffected by this article.
Status: in_force

(a) Nothing in this article or in any professional employer agreement affects, modifies or amends any collective bargaining agreement, or the rights or obligations of a client-employer, PEO or covered employee under the Federal National Labor Relations Act, the Federal Railway Labor Act or article one-a, chapter twenty-one of this code.

(b) Notwithstanding any other provision of this article, nothing in this article or in any professional employer agreement:

(1) Diminishes, abolishes or removes rights of covered employees as to a client-employer or obligations of a client-employer to covered employees, including but not limited to rights and obligations arising from civil rights laws guaranteeing nondiscrimination in employment practices;

(2) Affects, modifies, or amends any contractual relationship or restrictive covenant between a covered employee and a client-employer in effect at the time a professional employer agreement becomes effective; or

(3) Prohibits or amends or any contractual relationship or restrictive covenant that is entered into subsequent to the effective date of a professional employer agreement between a client-employer and a covered employee.
W. Va. Code § 48-5-609 — WV Code / Chapter 48 / Article 5 / Section 609
§48-5-609. Court may restore to either party his or her property.
Status: in_force

Upon ordering a divorce, the court has the power to award to either of the parties whatever of his or her property, real or personal, may be in the possession, or under the control, or in the name, of the other, and to compel a transfer or conveyance.
W. Va. Code § 31B-11-1101 — WV Code / Chapter 31B / Article 11 / Section 1101
§31B-11-1101. Right of action.
Status: in_force

A member of a limited liability company may maintain an action in the right of the company if the members or managers having authority to do so have refused to commence the action or an effort to cause those members or managers to commence the action is not likely to succeed.
W. Va. Code § 11-13T-8 — WV Code / Chapter 11 / Article 13T / Section 8
§11-13T-8. Legislative rules.
Status: in_force

The Tax Commissioner shall propose for promulgation rules pursuant to the provisions of article three, chapter twenty-nine-a of this code, as may be necessary to carry out the purposes of this article.
W. Va. Code § 21-16-7 — WV Code / Chapter 21 / Article 16 / Section 7
§21-16-7. Denial, suspension, and revocation of license.
Status: in_force

(a) The Commissioner of Labor may deny a license to any applicant who fails to comply with the provisions of this article or the rules established by the Commissioner of Labor, or who lacks the necessary qualifications: Provided , That the commissioner shall apply §21-1-6 of this code to determine if the prior criminal conviction bears a rational nexus to the license being sought.

(b) The Commissioner of Labor may, upon complaint or upon his or her own inquiry, and after notice to the licensee, suspend or revoke a licensee’s license if:

(1) The license was granted upon an application or documents supporting the application which materially misstated the terms of the applicant’s qualifications or experience;

(2) The licensee subscribed or vouched for a material misstatement in his or her application for licensure;

(3) The licensee incompetently or unsafely performs heating, ventilating, and cooling work; or

(4) The licensee violated any statute of this state, any legislative rule, or any ordinance of any municipality or county of this state which protects the consumer or public against unfair, unsafe, unlawful, or improper business practices.
W. Va. Code § 46-9-808 — WV Code / Chapter 46 / Article 9 / Section 808
§46-9-808. Person entitled to file initial financing statement or continuation statement.
Status: in_force

A person may file an initial financing statement or a continuation statement under this part if:

(1) The secured party of record authorizes the filing; and

(2) The filing is necessary under this part:

(A) To continue the effectiveness of a financing statement filed before the amendments to this article during the 2012 Regular Legislative Session take effect; or

(B) To perfect or continue the perfection of a security interest.
W. Va. Code § 33-5-16 — WV Code / Chapter 33 / Article 5 / Section 16
§33-5-16. Participating policies.
Status: in_force

(a) If so provided in its articles of incorporation, a domestic stock or domestic mutual insurer may issue any or all of its policies with or without participation in profits, savings, or unabsorbed portions of premiums, may classify policies issued on a participating or nonparticipating basis, and may determine the right to participate and the extent of participation of any class or classes of policies. Any such classification or determination shall be reasonable, and shall not unfairly discriminate as between policyholders within the same such classification. A life insurer may issue both participating and nonparticipating policies only if the right or absence of right to participate is reasonably related to the premium charged.

(b) No dividend, otherwise earned, shall be made contingent upon the payment of renewal premium on any policy.
W. Va. Code § 24-2B-2 — WV Code / Chapter 24 / Article 2B / Section 2
§24-2B-2. Emergency rate increase; financial hardship procedure.
Status: in_force

During the period of temporary suspension of rates generally, as provided herein, the commission may upon petition by a utility allow an emergency rate to take effect, subject to future modification by the commission and subject to refund to the customers of such utility, if it is determined that such emergency rate is necessary to protect the utility from extreme financial hardship and if that financial hardship is attributable solely to the temporary suspension of rate increases. The commission shall provide by rule and regulation criteria for determination of extreme financial hardship within the meaning of this section. Such petition shall be subject to the same notice requirements as set forth in article two, section four-a of this chapter.
W. Va. Code § 30-8-3 — WV Code / Chapter 30 / Article 8 / Section 3
§30-8-3. Definitions.
Status: in_force

As used in this article:

"Accreditation Council on Optometric Education (ACOE)" is the accrediting body for professional optometric degree (O.D.) programs, optometric residency programs, and optometric technician programs in the United States and Canada and is recognized as an accrediting body by the Council on Higher Education Accreditation (CHEA);

"Appendages" means the eyelids, the eyebrows, the conjunctiva, and the lacrimal apparatus;

"Applicant" means any person making application for a license, certificate, or temporary permit under the provisions of this article;

"Board" means the West Virginia Board of Optometry;

"Business entity" means any firm, partnership, association, company, corporation, limited partnership, limited liability company, or other entity owned by licensees that practices optometry;

"Certificate" means a prescription certificate issued under §30-8-15 of this code;

"Certificate holder" means a person authorized to prescribe certain drugs under §30-8-15 of this code;

"Examination, diagnosis, and treatment" means a method compatible with accredited optometric education and professional competence pursuant to this article;

"License" means a license to practice optometry;

"Licensee" means an optometrist licensed under the provisions of this article;

"Permittee" means a person holding a temporary permit;

"Practice of optometry" means the examining, diagnosing, and treating of any visual defect or abnormal condition of the human eye or its appendages within the scope established in this article or associated rules and the performance of those procedures taught and trained through schools or colleges of optometry accredited by the Accreditation Council on Optometric Education, or its successors or equivalents;

"Temporary permit" or "permit" means a permit issued to a person who has graduated from an approved school, has taken the examination prescribed by the board, and is awaiting the results of the examination.
W. Va. Code § 29-12D-1 — WV Code / Chapter 29 / Article 12D / Section 1
§29-12D-1. Creation of the Patient Injury Compensation Fund; purpose; initial funding of Patient Injury Compensation Fund.
Status: in_force

(a) There is created the West Virginia Patient Injury Compensation Fund, for the purpose of providing fair and reasonable compensation to claimants in medical malpractice actions for any portion of economic damages awarded that is uncollectible as a result of limitations on economic damage awards for trauma care, or as a result of the operation of the joint and several liability principles and standards, set forth in article seven-b, chapter fifty-five of this code. The fund shall consist of all contributions, revenues and moneys which may be paid into the fund, from time to time, by the State of West Virginia or from any other source whatsoever, together with any and all interest, earnings, dividends, distributions, moneys or revenues of any nature whatsoever accruing to the fund.

(b) Initial funding for the fund shall be provided as follows: during fiscal year 2005, $2,200,000 of the revenues that would otherwise be transferred to the tobacco account established in subsection (b), section two, article eleven-a, chapter four of this code pursuant to the provisions of section fourteen, article three, chapter thirty-three of this code shall be transferred to the fund; during fiscal year 2006, $2,200,000 of the revenues that would otherwise be transferred to the tobacco account established in subsection (b), section two, article eleven-a, chapter four of this code pursuant to the provisions of section fourteen, article three, chapter thirty-three of this code shall be transferred to the fund; and during fiscal year 2007, $2,200,000 of the revenues that would otherwise be transferred to the tobacco account established in subsection (b), section two, article eleven-a, chapter four of this code pursuant to the provisions of section fourteen, article three, chapter thirty-three of this code shall be transferred to the fund.

(2) Beginning fiscal year 2008, if and to the extent additional funding for the fund is required, from time to time, to maintain the actuarial soundness of the fund, the additional funding may be provided by further act of the Legislature, either from the revenue stream identified in this subsection or otherwise. Payments to the tobacco fund shall be extended until the tobacco fund is repaid in full.

(c) The fund is not and shall not be considered a defendant in any civil action arising under article seven-b, chapter fifty-five of this code.

(d) The fund is not and shall not be considered an insurance company or insurer for any purpose under this code.

(e) Legal fees of claimants may not be recovered directly from the fund.

(f) The fund shall not provide compensation to claimants who file a claim with the Patient Injury Compensation Fund on or after July 1, 2016.
W. Va. Code § 64-6-3 — WV Code / Chapter 64 / Article 6 / Section 3
§64-6-3. State Emergency Response Commission.
Status: in_force

The legislative rule filed in the State Register on January 8, 2025, authorized under the authority of §15-5A-5 of this code, modified by the State Emergency Response Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on August 13, 2025, relating to the State Emergency Response Commission (emergency planning and community right-to-know, 55 CSR 01), is authorized.
W. Va. Code § 16-29A-2 — WV Code / Chapter 16 / Article 29A / Section 2
§16-29A-2. Declaration of policy and responsibility; purpose and intent of article; findings.
Status: in_force

It is hereby declared to be the public policy of the State of West Virginia and a responsibility of the State of West Virginia, for the benefit of the people of the state and the improvement of their health, welfare and living conditions, to provide hospitals with appropriate means at reasonable cost to maintain, expand, enlarge and establish health care, hospital and other related facilities and to provide hospitals with the ability to refinance indebtedness. This article shall provide a method to enable hospitals to provide or maintain at reasonable cost pursuant to reasonable terms the facilities, structures and services needed to accomplish the purposes of this article, all to the public benefit and good, to the extent and in the manner provided in this article.

The Legislature finds and hereby declares that the responsibility of the state as outlined above cannot be effectively met without the hospital loan program as provided for in this article.
W. Va. Code § 33-43-12 — WV Code / Chapter 33 / Article 43 / Section 12
§33-43-12. Allocation of payments.
Status: in_force

(a) Payments made by a taxpayer, other than installment payments of a tax liability which is required to be paid in installments, shall be allocated to the taxpayer's outstanding liabilities as follows:

(1) First, to any assessment which has become final;

(2) Next, to any fee which has not yet been assessed;

(3) Next, to any tax or related charge which has not yet been assessed;

(4) Finally, to any assessment which has not yet become final.
W. Va. Code § 61-3D-2 — WV Code / Chapter 61 / Article 3D / Section 2
§61-3D-2. Acquisition of cable television services.
Status: in_force

(a) A person who acquires cable television services for himself or another, whether through his own efforts or with the assistance of another, or both, by:

(1) Making or maintaining any unauthorized connection, whether physically, electrically or inductively, to a distribution or transmission line;

(2) Attaching or maintaining the attachment of any unauthorized device to any cable, wire or other component of a cable system or to a television receiving set connected to a cable system;

(3) Making or maintaining any unauthorized modification or alteration to any device installed by a cable system operator; or

(4) Knowingly permits another person to enter upon his or her property for the purpose of securing cable service in an unauthorized manner as described in subdivision (1), (2) or (3) of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with subsection (c) of this section.

(b) A person who subscribes to and receives cable television services through an authorized connection of a television receiving set at his dwelling and, within his dwelling, makes an authorized or an unauthorized connection of an additional television receiving set or sets or audio system which receives cable television service through such authorized connection, shall not be guilty of a misdemeanor under subsection (a) of this section.

(c) Any person convicted of a misdemeanor under subsection (a) of this section shall be subject to the following penalties:

(1) Upon a first conviction under this section, the defendant shall be fined not less than $100, nor more than $250.

(2) Upon a second conviction under this section, the defendant shall be fined not less than $250, nor more than $500, or imprisoned in the county jail not more than thirty days, or both fined and imprisoned.

(3) Upon any subsequent conviction in excess of a second conviction under this section, the defendant shall be fined not less than $500, nor more than $1,000, or imprisoned in the county jail not less than thirty days nor more than sixty days, or both fined and imprisoned.

Notwithstanding the provisions of section four, article eleven-a of this chapter or section two-a, article three, chapter fifty of this code, the magistrate or court may order restitution not to exceed the value of unauthorized cable services received.
W. Va. Code § 21-2-11 — WV Code / Chapter 21 / Article 2 / Section 11
§21-2-11. Records to be kept; reports to commissioner of labor.
Status: in_force

A record of all persons directed to employment shall be kept by every employment agent; such records shall set forth the name, age, nationality and material state of each applicant, and also the name of the employer, kind of work and pay. A copy of this record for each month shall be sent to the commissioner of labor on or before the tenth day of the month immediately succeeding the month covered by such record. Every employment agent shall file with the commissioner of labor a copy of the schedule of all fees and such other notices or information as the commissioner may require and in such form and manner as he may prescribe.
W. Va. Code § 11-3-26 — WV Code / Chapter 11 / Article 3 / Section 26
§11-3-26. Contents and effect of order granting relief.
Status: in_force

Whenever the circuit court, on appeal, shall grant relief to any such applicant against the taxes, or any part of them, assessed against him either on the land or the personal property books, an order shall be made by such court exonerating such applicant from the payment of so much of such taxes as are erroneously charged against him if the same have not been paid; and if paid, that the sum so erroneously charged be refunded to him Such order, delivered to the assessor, sheriff or other collecting officer shall restrain him from collecting so much as is erroneously charged, and, if the same has been already collected, shall compel him to refund the money, if such officer has not already paid it into the treasury, and in either case, when indorsed by the person exonerated, it shall be a sufficient voucher to entitle the officer to a credit for so much in his settlement, which he is required to make. If what was erroneously charged has been paid into the state Treasury, the order of the circuit court, attested by its clerk, shall entitle the claimant to a warrant on the state Treasury for the amount thereof, if application for the same be made to the Auditor within one year after the date of such order.
W. Va. Code § 11-13-3C — WV Code / Chapter 11 / Article 13 / Section 3C
§11-13-3c. Tax credit for business investment and jobs expansion.
Status: in_force

(a) There shall be allowed as a credit against the tax imposed by this article, the amount determined under article thirteen-c of this chapter, relating to tax credit for business investment and jobs expansion.

(b) The Tax Commissioner shall prescribe such regulations as he deems necessary to carry out the purposes of this section and article thirteen-c of this chapter.
W. Va. Code § 13-2E-3 — WV Code / Chapter 13 / Article 2E / Section 3
§13-2E-3. Authority to refund.
Status: in_force

Any public body may issue refunding bonds for the purpose of refunding all or any part of its revenue bonds now or hereafter outstanding, whether or not such revenue bonds are at the time of the refunding due or optional for redemption, under the circumstances and restrictions set forth in this article. Refunding bonds shall be payable from revenues derived from the same enterprise as the revenue bonds to be refunded except where the public body has outstanding revenue bonds payable from the revenues of an enterprise and is authorized under any other law to combine and consolidate such enterprise with another enterprise and issue revenue bonds payable from the revenues of the combined and consolidated enterprises. An issue of refunding bonds may refund part or all of one or more issues of outstanding revenue bonds: Provided, That part or all of two or more issues of outstanding revenue bonds may not be refunded under this article unless either (a) all of the issues of outstanding revenue bonds to be refunded are payable from revenues derived from the same enterprise, or (b) the public body is authorized under any other law to combine or consolidate the enterprises in question and issue revenue bonds payable from the revenues of the combined or consolidated enterprises.

Refunding bonds may be issued hereunder whenever the governing body of the public body deems it expedient and, notwithstanding any provision in this article to the contrary, may be issued as part of a series of revenue bonds issued for the purpose, in addition to such refunding, of financing the acquisition or construction of improvements, betterments, extensions or replacements to the particular enterprise, as provided by other articles of this code.
W. Va. Code § 8-23-6 — WV Code / Chapter 8 / Article 23 / Section 6
§8-23-6. Appropriations; furnishing of property, personnel and services.
Status: in_force

Any public agency entering into an agreement pursuant to the provisions of section three of this article is hereby empowered and authorized to appropriate funds to, and to sell, lease, transfer or otherwise supply real or personal property to, and to furnish personnel and services to, the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking if the public agency provides the funds and property in compliance with the provisions of this code or other applicable law. The board or entity is hereby empowered and authorized to receive, expend and utilize the same.
W. Va. Code § 48-1-222 — WV Code / Chapter 48 / Article 1 / Section 222
§48-1-222. Domestic relations action defined.
Status: in_force

PART 2. DEFINITIONS.

"Domestic relations action" means an action:

(1) To obtain a divorce;

(2) To have a marriage annulled;

(3) To be granted separate maintenance;

(4) To establish paternity;

(5) To establish and enforce child or spousal support, including actions brought under the provisions of the uniform interstate family support act; and

(6) To allocate custodial responsibility and determine decision-making responsibility, or to otherwise determine child custody, as in an action petitioning for a writ of habeas corpus wherein the issue is child custody.