FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 16-9D-2 — WV Code / Chapter 16 / Article 9D / Section 2
§16-9D-2. Definitions.
Status: in_force

(a) "Brand Family" means all styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol," "lights," "kings," and "100s" and includes any brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

(b) "Cigarette" has the same meaning as in section two, article nine-b of this chapter.

(c) "Commissioner" means the duly appointed head of the agency responsible for collection of the excise tax on cigarettes.

(d) "Distributor" means a person, wherever resident or located, who purchases nontax-paid cigarettes and stores, sells, or otherwise disposes of the cigarettes.

(e) "Master tobacco settlement agreement" has the same meaning as that term is defined in section two, article nine-b of this chapter.

(f) "Nonparticipating manufacturer" means any tobacco product manufacturer that is not a participating manufacturer.

(g) "Participating manufacturer" has the meaning given that term in section II(jj) of the master settlement agreement and all amendments to the master settlement.

(h) "Qualified escrow fund" has the same meaning as that term is defined in section two, article nine-b of this chapter.

(i) "Stamping agent" includes any distributor or other person that is authorized to affix tax stamps to packages or other containers of cigarettes under article seventeen, chapter eleven of this code, or any person that is required to pay the excise tax imposed on cigarettes pursuant to article seventeen of said chapter eleven.

(j) "Tobacco product manufacturer" has the same meaning as that term is defined in section two, article nine-b of this chapter.

(k) "Units sold" has the same meaning as that term is defined in section two, article nine-b of this chapter.
W. Va. Code § 33-61-3 — WV Code / Chapter 33 / Article 61 / Section 3
§33-61-3. Definitions.
Status: in_force

For purposes of this article, the term:

“Commissioner” means the Insurance Commissioner as provided in §33-2-1 of this code.

“Company” means the Mining Mutual Insurance Company created pursuant to the terms of this article.

“Operator” has the same meaning as provided in §22-3-3 of this code and means any person who is granted or who should obtain a permit to engage in any activity covered by §22-3-1, et seq . of this code and any rule promulgated pursuant thereto and includes any person who engages in surface mining or surface mining and reclamation operations, or both. The term shall also be construed in a manner consistent with the federal program pursuant to the federal Surface Mining Control and Reclamation Act of 1977, as amended.
W. Va. Code § 48-5-204 — WV Code / Chapter 48 / Article 5 / Section 204
§48-5-204. Grounds for divorce; adultery.
Status: in_force

A divorce may be ordered for adultery. Adultery is the voluntary sexual intercourse of a married man or woman with a person other than the offender's wife or husband. The burden is on the party seeking the divorce to prove the alleged adultery by clear and convincing evidence.
W. Va. Code § 18-7A-33 — WV Code / Chapter 18 / Article 7A / Section 33
§18-7A-33. Constitutionality.
Status: in_force

If any part of this article is declared unconstitutional, it shall not affect any portion which remains, but the remaining portions of the article shall be in full force and effect as if the portions declared unconstitutional had never been a part of the article.
W. Va. Code § 24-2-10 — WV Code / Chapter 24 / Article 2 / Section 10
§24-2-10. Power to subpoena witnesses, take testimony and administer oaths; contempt; self-incrimination.
Status: in_force

The commission shall have power, either as a commission or by any of its members, to subpoena witnesses and take testimony, and administer oaths to any witness in any proceeding or examination instituted before it or conducted by it with reference to any matter within its jurisdiction. In all hearings or proceedings before the commission the evidence of witnesses and the production of documentary evidence may be required at any designated place of hearing; and in case of disobedience to a subpoena or other process the commission or any party to the proceedings before the commission may invoke the aid of any circuit court in requiring the evidence and testimony of witnesses and the production of papers, books and documents. And such court, in case of refusal to obey the subpoena issued to any person or to any public utility subject to the provisions of this chapter, shall issue an order requiring such public utility or any person to appear before such commission and produce all books and papers, if so ordered, and give evidence touching the matter in question. Any failure to obey such order of the court may be punished by such court as contempt thereof. A claim that any such testimony or evidence may tend to criminate the person giving the same shall not excuse such witness from testifying, but such witness shall not be prosecuted for any offense concerning which he is compelled hereunder to testify.
W. Va. Code § 7-15-1 — WV Code / Chapter 7 / Article 15 / Section 1
§7-15-1. Short title.
Status: in_force

This article shall be known and may be cited as the "Emergency Ambulance Service Act of 1975."
W. Va. Code § 20-18-25 — WV Code / Chapter 20 / Article 18 / Section 25
§20-18-25. Awards and benefits to surviving spouse – when member dies in performance of duty, etc.
Status: in_force

(a) The surviving spouse of any member who dies by reason of injury, illness, or disease resulting from an occupational risk or hazard inherent in or peculiar to the service required of members, while the member was or is engaged in the performance of his or her duties as a Natural Resources Police Officer, or the surviving spouse of a member who dies from any cause while receiving benefits pursuant to §20-18-21 of this code, is entitled to receive and shall be paid from the fund benefits as follows: To the surviving spouse annually, in equal monthly installments during his or her lifetime an amount equal to the greater of: (i) Two thirds of the annual compensation received by the deceased member during the last 12 full months of contributory service; or (ii) if the member dies after meeting normal retirement age requirements, the monthly amount which the spouse would have received had the member retired the day before his or her death, elected a 100 percent joint and survivor annuity with the spouse as the joint annuitant, and then died.

(b) Benefits for a surviving spouse received under this section, §20-18-27, and §20-18-28 of this code, are in lieu of receipt of any other benefits under this article for the spouse, or any other person, or under the provisions of any other state retirement system based upon the member's covered employment.
W. Va. Code § 8-14-9 — WV Code / Chapter 8 / Article 14 / Section 9
§8-14-9. Rooms, stationery, etc., to be furnished by city; appropriations required.
Status: in_force

It shall be the duty of the mayor and the heads of the departments of government of every Class I and Class II city having a paid police department to cause suitable and convenient rooms and accommodations to be assigned and provided, furnished, heated and lighted for carrying on the work and examinations of the commission. The commission may order from the proper authorities the necessary stationery, postage stamps, official seal and other articles to be supplied, and the necessary printing to be done, for its official use. It shall be the duty of the officers of every such city to aid the commission in all proper ways in carrying out the civil service provisions of this article, and to allow the reasonable use of public buildings, and to heat and light the same, for holding examinations and investigations, and in all proper ways to facilitate the same.

All Class I and Class II cities subject to the civil service provisions of this article are hereby required to appropriate sufficient funds for the purpose of carrying out such provisions.
W. Va. Code § 18-10M-2 — WV Code / Chapter 18 / Article 10M / Section 2
§18-10M-2. Legislative findings and declarations.
Status: in_force

The Legislature hereby finds and declares the following:

(1) The state recognizes the value of independent living services in maximizing the ability of people with disabilities to live more independently in their own homes and communities.

(2) Persons with disabilities have the best capacity to design, develop, manage and implement the programs and services which are intended to assist them.

(3) The federal Rehabilitation Act, as amended, requires this state to develop a state plan for independent living to describe and direct independent living services in West Virginia.

(4) The federal Rehabilitation Act, as amended, further calls for the establishment and operation of a Statewide Independent Living Council to monitor, review and evaluate the implementation of the state’s plan for independent living services.

(5) Approximately twenty-three and one-half percent of West Virginia’s residents have one or more disabilities, many of whom could benefit directly or indirectly from the provision of independent living services by the Division of Rehabilitation Services and the state’s centers for independent living.

(6) A need exists for a coordinated network of consumer-controlled centers for independent living that effectively reaches persons with disabilities in all fifty-five counties of the state.
W. Va. Code § 19-30-11 — WV Code / Chapter 19 / Article 30 / Section 11
§19-30-11. Application of article to food stamp act.
Status: in_force

Consonant with 7 C.F.R. 273.9(c)(1), programs operated in accordance with this article shall complement and not in any way lessen assistance to families and individuals pursuant to the Food Stamp Act of 1977 as amended, (7 U.S.C. 2011 through 7 U.S.C. 2026).
W. Va. Code § 30-14-13 — WV Code / Chapter 30 / Article 14 / Section 13
§30-14-13. Limitation of article.
Status: in_force

The practice of medicine and surgery by persons possessing the degree of doctor of medicine and authorized by the laws of this state to practice medicine and surgery shall in no way be affected by the provisions of this article.
W. Va. Code § 16-5K-7 — WV Code / Chapter 16 / Article 5K / Section 7
§16-5K-7. Early intervention services for adopted children.
Status: in_force

(a) Effective July 1, 2023, a child or children adopted on and after that date whose adoptive parent or parents are residents of West Virginia shall be eligible for any early intervention services provided for families which may be offered by the Department of Health and Human Resources. These services shall include, but are not limited to, Right From the Start, Drug Free Moms and Babies, and Birth to Three.

(b) If an early intervention program has federally approved mandated eligibility requirements as a condition of the receipt of federal funds, an adoptive parent or parents and their newly adopted child or children may be required to meet those federally mandated eligibility requirements for participation in the program.

(c) The Department of Health and Human Resources shall recruit additional sites to expand the Drug Free Moms and Babies program and report back to the Legislature if additional funding becomes necessary to operate these sites.

(d) The Bureau for Medical Services shall seek approval of and implement a Medicaid state plan amendment to meet the requirements of this section if the program is offered through or funded by the state Medicaid program and a state Medicaid plan amendment would be necessary to effectuate the purposes of this section.

(e) Use of early intervention services are optional to an adoptive parent or parents and nothing in this section should be construed to require an adoptive parent or parents to use any early intervention service as provided in this section.
W. Va. Code § 18-2E-2 — WV Code / Chapter 18 / Article 2E / Section 2
§18-2E-2. National assessment of educational progress program testing.
Status: in_force

Beginning in the school year one thousand nine hundred ninety--ninety-one, and continuing thereafter, national assessment of educational progress program tests shall be administered in academic areas at the various grades designated by the national assessment of educational progress officials to provide comparisons of West Virginia students to a national sample.
W. Va. Code § 15-9-7 — WV Code / Chapter 15 / Article 9 / Section 7
§15-9-7. Coordinated program for substance abuse treatment referral.
Status: in_force

(a) The committee shall, on or before December 31, 2020, establish a program to coordinate with state, county, and local law enforcement, the Board of Medicine, the Board of Osteopathic Medicine, and the Board of Pharmacy to develop policies and protocols for law enforcement and medical professionals to create treatment referral programs for persons suffering from substance use disorder which:

(1) Allow for the surrender of illegal controlled substances or unlawfully possessed controlled substances to law enforcement or medical professionals for destruction; and

(2) Establish a confidential treatment referral program for persons presenting themselves as suffering from substance use disorder.

(b) A person voluntarily seeking assistance through a program developed pursuant to this section shall:

(1) Not be placed under arrest;

(2) Not be prosecuted for the possession of any controlled substance or drug paraphernalia already ingested or surrendered; and

(3) Be promptly referred to a community-based mental health center, medical provider, or other entity in substance use treatment.

(c) Nothing in this section may be construed to effect criminal charges which may exist independent of the controlled substance ingested or surrendered or paraphernalia surrendered.

(d) Except for willful misconduct, any law-enforcement officer or medical professional providing services or a referral under this section is immune from criminal or civil liability.

(e) The committee and the medical professional boards referenced in this section shall propose rules for legislative approval pursuant to §29A-3-1 et seq . of this code and may promulgate emergency rules pursuant to §29A-3-15 of this code to effectuate the purposes of this section.
W. Va. Code § 61-3-3 — WV Code / Chapter 61 / Article 3 / Section 3
§61-3-3. Burning personal property of another of the value of five hundred dollars or more; third degree arson; penalty.
Status: in_force

Any person who willfully and maliciously sets fire to or burns, or who causes to be burned, or who aids, counsels, procures, persuades, incites, entices or solicits any person to burn, any personal property of any class or character, of the value of not less than $500, and the property of another person, shall be guilty of arson in the third degree and, upon conviction thereof, be sentenced to the penitentiary for a definite term of imprisonment which is not less than one nor more than three years. A person imprisoned pursuant to this section is not eligible for parole prior to having served a minimum of one year of his or her sentence.
W. Va. Code § 19-15-16A — WV Code / Chapter 19 / Article 15 / Section 16A
§19-15-16a. Local legislation prohibited.
Status: in_force

No political subdivision may regulate the registration, packaging, labeling, sale, storage, distribution, use and application of fertilizers; and, in addition, no political subdivision may adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of fertilizers.

Local legislation in violation of this section is void and unenforceable.
W. Va. Code § 16-47-5 — WV Code / Chapter 16 / Article 47 / Section 5
§16-47-5. Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought.
Status: in_force

(a) The immunity provisions in §16-47-4(a) of this code extend to the person for whom emergency medical assistance was sought if, after receiving emergency medical assistance, the person participates in, complies with, and completes a substance abuse treatment or recovery program approved by the court. Alternatively, a court may consider the following alternative sentencing and clemency options:

(1) Deferred prosecution under §60-6-26 or §60A-4-407 of this code;

(2) Pretrial diversion under §61-11-22 of this code;

(3) Adjudication in drug court under §62-15-1 et seq. of this code or §49-4-703 of this code; or

(4) Any other appropriate form of alternative sentencing or rehabilitation permitted by this code, including, but not limited to:

(A) Probation;

(B) Conditional discharge under §60-6-26 of this code; or

(C) The weekend jail program, the work program or the community service program under §62-11A-1a of this code.

(b) Notwithstanding any other provision of this section to the contrary, a person who may seek immunity or clemency pursuant to subsection (a) of this section and is charged with an offense not exempted by §16-47-4(a) of this code may enter a plea of guilty to an offense exempted by §16-47-4(a) of this code if the person, after consultation with his or her attorney, so desires.
W. Va. Code § 23-2-6 — WV Code / Chapter 23 / Article 2 / Section 6
§23-2-6. Exemption of contributing employers from liability.
Status: in_force

Any employer subject to this chapter who procures and continuously maintains workers’ compensation insurance as required by this chapter or who elects to make direct payments of compensation as provided in this section is not liable to respond in damages at common law or by statute for the injury or death of any employee, however occurring, after so subscribing or electing, and during any period in which the employer is not in default and has complied fully with all other provisions of this chapter. Continuation in the service of the employer shall be considered a waiver by the employee and by the parents of any minor employee of the right of action as aforesaid, which the employee or his or her parents would otherwise have: Provided , That in case of employers not required by this chapter to procure and maintain workers’ compensation insurance, the injured employee has remained in the employer’s service with notice that his or her employer has elected to procure and maintain workers’ compensation insurance, or has elected to make direct payments as aforesaid.
W. Va. Code § 11-10-5U — WV Code / Chapter 11 / Article 10 / Section 5U
§11-10-5u. Disclosure of persons making retail sales of tobacco products.
Status: in_force

Notwithstanding any provision of this article to the contrary, the Tax Commissioner shall, at least semiannually, provide to the commissioner of the West Virginia alcohol beverage control administration, the superintendent of the West Virginia state police and the Secretary of the Department of Health by April 1 and October of each year, a list of the names and business locations of each person who indicates on a new application for a business registration certificate or on a current application for renewal of a business registration certificate that the person sells or intends to sell cigarettes or other tobacco products to consumers: Provided , That when available, the Tax Commissioner will provide the name of the business owner, county of location, and the business description code: Provided, however , That the Tax Commissioner may also file a copy of the list provided to the commissioner of the West Virginia alcohol beverage control administration, the superintendent of the West Virginia state police and the Secretary of the Department of Health in the state register maintained by the Secretary of State, who shall make the list available for inspection and copying: Provided further , That the results of the inspections of retail establishments which sell tobacco products may be reported to the federal government by the commissioner of the West Virginia alcohol beverage control administration.
W. Va. Code § 5-2-4 — WV Code / Chapter 5 / Article 2 / Section 4
§5-2-4. Accessible county records; required information.
Status: in_force

(a) The Secretary of State shall maintain a website with certain county information. The website shall be updated annually.

(b) On or before January 31, 2018, the county officer information website shall be updated by the Secretary of State.

(c) The website shall contain the following minimum information regarding county officials:

(1) The official title and name of each county office holder;

(2) The contact information for each county office holder, including telephone number, facsimile number, office location and mailing address;

(3) The electronic mail address of each elected county office holder where available; and

(4) The website of each county commission, where available.
W. Va. Code § 16-34-10 — WV Code / Chapter 16 / Article 34 / Section 10
§16-34-10. Special revenue account.
Status: in_force

The funds collected from the fees applicable in this article shall be deposited in a special revenue account in the State Treasury to be used by the secretary and dedicated to the purposes of this article which include, but are not limited to, licensing, training, enforcement and program development for radon.
W. Va. Code § 55-8-2 — WV Code / Chapter 55 / Article 8 / Section 2
§55-8-2. Action of debt or assumpsit on note or writing; action of debt for any past-due installment.
Status: in_force

An action of debt or assumpsit may be maintained on any note or writing, whether sealed or not, by which there is a promise, undertaking, or obligation to pay money, if the same be signed by the party who is to be charged thereby, or his agent. And an action of debt may also be maintained on any such note or writing for any past-due installment of a debt payable in installments, although other installments thereof be not due.