FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 31-15-23 — WV Code / Chapter 31 / Article 15 / Section 23
§31-15-23. Economic development fund.
Status: in_force

The economic development fund, to which shall be credited any appropriation made by the Legislature to the authority, any funds which the authority is authorized to receive under any provision of this code, other funds which the board directs to be deposited into the fund, and such other deposits as are provided for in this section, is hereby continued in the State Treasury as a special account.

The authority may requisition from the fund such amounts as are necessary to provide for the payment of the administrative expenses of this article. Notwithstanding any other provision of this article, whenever the authority determines it to be necessary to purchase at a foreclosure sale any project pursuant to subdivision (t), section six of this article, it may requisition from the fund such amount as is necessary to pay the purchase price thereof.

The authority shall requisition from the fund such amounts as are allocated and appropriated for loans to industrial development agencies or enterprises for projects. As loans to industrial development agencies or enterprises are repaid to the authority pursuant to the terms of mortgages and other agreements, the authority shall pay such amounts into the fund, consistent with the intent of this article that the fund shall operate as a revolving fund whereby all appropriations and payments made thereto may be applied and reapplied for the purposes of this article. Revenues deposited into the fund may be used to make payments of interest and principal and may be pledged as security for bonds, security interests or notes issued by the authority pursuant to this article.

Whenever the authority determines that the balance in the fund is in excess of the immediate requirements for loans, it may request that such excess be invested until needed for loan purposes, in which case such excess shall be invested in a manner consistent with the investment of other temporary state funds. Interest earned on any money invested pursuant to this section shall be credited to the fund.

If the authority determines that funds held in the fund are in excess of the amount needed to carry out the purposes of this article, it may take such action as is necessary to release such excess and transfer it to the General Fund of the State Treasury.
W. Va. Code § 16-2R-1 — WV Code / Chapter 16 / Article 2R / Section 1
§16-2R-1. Legislative findings.
Status: in_force

The Legislature finds that the State of West Virginia has a legitimate interest in protecting unborn lives and prohibiting abortions in West Virginia except in the circumstances set forth in this article.
W. Va. Code § 31A-8E-10 — WV Code / Chapter 31A / Article 8E / Section 10
§31A-8E-10. Rules and orders.
Status: in_force

The commissioner and board may promulgate such rules and issue such orders as they determine to be necessary or appropriate in order to implement the provisions of this article.
W. Va. Code § 22-15-4 — WV Code / Chapter 22 / Article 15 / Section 4
§22-15-4. Authority of commissioner of bureau of public health.
Status: in_force

Although the director is primarily responsible for the permitting and regulating of solid wastes, the commissioner of the bureau of public health may enforce the public health laws over solid waste management which presents an imminent and substantial endangerment to the public health.
W. Va. Code § 33-5-25 — WV Code / Chapter 33 / Article 5 / Section 25
§33-5-25. Mergers and consolidations of stock insurers.
Status: in_force

(a) A domestic stock insurer of any kind may merge or consolidate with another domestic or foreign stock insurer by complying with the provisions of general law governing the merger or consolidation of stock corporations formed for profit, but subject to subsection (b), below.

(b) No such merger or consolidation shall be effectuated unless in advance thereof the plan, agreement and other supporting documents have been filed with and approved in writing by the commissioner. The commissioner shall give such approval within a reasonable time after such filing unless he finds such plan or agreement:

(1) Is contrary to law; or

(2) Inequitable to the stockholders of any domestic insurer involved; or

(3) Would substantially reduce the security of and service to be rendered to policyholders of the domestic insurer in West Virginia or elsewhere.

(c) If the commissioner does not approve any such plan or agreement he shall so notify the insurer in writing specifying his reasons therefor.
W. Va. Code § 37-6-22 — WV Code / Chapter 37 / Article 6 / Section 22
§37-6-22. Injunction against ejectment or unlawful detainer.
Status: in_force

If the tenant of such lands, or any person having a right or claim thereto, shall, within the time aforesaid, file his bill for relief in the circuit court of the county wherein the lands are situated, he shall not have or continue any injunction against the proceedings at law on the ejectment or unlawful detainer, unless he shall, within thirty days next after a full and perfect answer filed by the plaintiff in ejectment, or unlawful detainer, bring into court or deposit in some bank within the state, to the credit of the cause, such money as the plaintiff in ejectment or unlawful detainer shall, in his answer, swear to be due and in arrear over and above all just allowances, and also the costs taxed in the suit, there to remain till the hearing of the cause, or to be paid out to such plaintiff on good security, subject to the decree of the court.
W. Va. Code § 7-1-3Q — WV Code / Chapter 7 / Article 1 / Section 3Q
§7-1-3q. County commissions on intergovernmental relations created and established; composition of commission; powers and duties of commission; executive secretary; duties of executive secretary.
Status: in_force

There is hereby established in each county a commission on intergovernmental relations. The commission shall be composed of the members of the county court and such other members as may be designated by the county court. Members other than the county court members shall serve at the will and pleasure of a majority of the county court members.

This commission shall assemble and disseminate information concerning federal programs which provide financial assistance to the residents of their county. Such programs shall include but not be limited to,

1. Public Health Service Act, as amended. Public Law 89-97.

2. Housing and Urban Development Act of 1968, as amended.

3. Health Insurance for the aged under Public Law 89-97, as amended.

4. Supplementary medical insurance for the aged under Public Law 89-97, as amended.

5. Housing and Urban Development Act of 1968, as amended, as it pertains to interest reduction payments and rental and cooperative housing for lower income families.

6. Housing Act of 1964, as amended, by Public Law 85-560, relating to rehabilitation loans.

7. The Emergency Employment Assistance Act of 1971.

8. Job opportunity programs and on the job training under various federal acts.

9. Neighborhood improvement and development programs under various federal acts.

10. Library and other public facility improvement programs under various federal programs.

The commission shall cooperate with municipalities, other county agencies, state and federal agencies to effect the purposes of this section. Appropriate state agencies are authorized to give such technical assistance as may be requested by the commission.

The clerk of the county court of each county shall be the executive secretary to the commission and as such shall attend all meetings, keep a record of all proceedings, assemble and disseminate such information as may be required by the commission and to perform such other duties as may reasonably be required by the commission to effectuate the purposes of this section.
W. Va. Code § 56-10-3 — WV Code / Chapter 56 / Article 10 / Section 3
§56-10-3. Recovery of damages for detention of property after verdict.
Status: in_force

When a judgment for specific personal property is affirmed by an appellate court, or an injunction to such judgment is dissolved, the person who is entitled to execution of such judgment, or who would be entitled if execution had not been had, may, on motion to the court from which such execution has issued, or might issue, after twenty days' notice to the defendant or his personal representative, have a jury impaneled to ascertain the damages sustained by reason of the detention of such property subsequent to such judgment; or if it was on a verdict, subsequent to such verdict; and judgment shall be rendered for the damages so ascertained, if any.
W. Va. Code § 33-32-19 — WV Code / Chapter 33 / Article 32 / Section 19
§33-32-19. Administrative and procedural authority regarding risk retention groups and purchasing groups.
Status: in_force

The commissioner is authorized to make use of any of the powers established under this chapter of this code to enforce the laws of this state so long as those powers are not specifically preempted by the national product liability risk retention act of 1981, as amended by the risk retention amendments of 1986. This includes, but is not limited to, the commissioner's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, and impose penalties and seek injunctive relief. With regard to any investigation, administrative proceedings, or litigation, the commissioner can rely on the law and rules of the state. The injunctive authority of the commissioner in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.
W. Va. Code § 60-9-8 — WV Code / Chapter 60 / Article 9 / Section 8
§60-9-8. General enforcement provisions.
Status: in_force

(a) This article shall be enforced by the State Tax Commissioner and the Alcohol Beverage Control Commissioner and for the purpose of enforcing this article, the commissioners may request information from any state agency, Constitutional officer or local agency and, notwithstanding the provisions of section five-d, article ten, chapter eleven of this code or any other provision of this code, may share information with, and request information from, any federal agency and any agency or Constitutional officer of this or any other state or any local agency thereof.

(b) A person that acquires, holds, owns, possesses, transports in or imports into this state cigarettes that are subject to this article shall, with respect to the cigarettes, maintain and keep all records required pursuant to article seventeen, chapter eleven of this code.

(c) In addition to any other remedy provided by law, any person may bring an action for appropriate injunctive or other equitable relief for a violation of this article; actual damages, if any, sustained by reason of the violation; and, as determined by the court, interest on the damages from the date of complaint, taxable costs, and reasonable attorney's fees. If the trier of fact finds that the violation is flagrant, it may increase recovery to an amount not in excess of three times the actual damages sustained by reason of the violation.
W. Va. Code § 18-9G-3 — WV Code / Chapter 18 / Article 9G / Section 3
§18-9G-3. Plans for new construction and major improvements of public school buildings required to provide sufficient water bottle filling stations.
Status: in_force

(a) The state board shall promulgate a rule pursuant to §29A-3B-1 et seq . of this code on or before November 1, 2022, to require newly constructed public school buildings to include the following:

(1) A minimum of one water bottle filling station on each floor and wing of each public school building;

(2) At least one water bottle filling station in all school food service areas;

(3) At least one water bottle filling station near gymnasiums and outdoor learning and activity areas, including playgrounds and athletic facilities; and

(4) A minimum of at least one water bottle filling station per 200 building occupants projected upon completion of the projected construction.

(b) The state board shall promulgate a rule pursuant to §29A-3B-1 et seq . of this code on or before November 1, 2022, to require existing public school buildings undergoing a major improvement to include a minimum of half of the facility’s existing water coolers being retrofitted or replaced to provide water bottle filling capability and be made ADA compliant. Pending the availability of a water supply line and sanitary plumbing, the preferred placement of these stations shall be in the following areas:

(1) School food service areas;

(2) Near gymnasiums and outdoor learning and activity areas, including playgrounds and athletic facilities; and

(3) Grouped toilet areas.

(c) Any water bottle filling station installed in a public school building shall:

(1) Dispense filtered, clean drinking water;

(2) Be touchless for sanitary reasons;

(3) Be regularly cleaned to maintain sanitary conditions; and

(4) Be regularly maintained to ensure proper functioning.

(d) County boards shall adopt a policy to permit students in schools with one or more water bottle filling stations to carry water bottles.
W. Va. Code § 8-22-8 — WV Code / Chapter 8 / Article 22 / Section 8
§8-22-8. Disability pensions; annuities.
Status: in_force

A member may qualify for a disability pension under any one of the following mutually exclusive provisions:

(1) If a member receives total disability in line of duty, he shall be entitled during the time of his disability to a monthly disability pension equal to fifty percent of the monthly salary of the member at date of disability: Provided, That the minimum payment shall be $100 per month. Any benefits payable from the retirement and benefit fund shall be reduced by benefits payable from workers' compensation due to the total disability of the member.

(2) If a member receives total disability not in line of duty while an employee of the city after he has had at least ten years' total service credit and such member is not entitled to a retirement pension under the provisions of section seven of this article, he shall be entitled during the time of his disability to one half of the retirement pension to which he would have been entitled under the provisions of said section seven had he been sixty years of age at date of disability and had elected to take retirement: Provided, That he shall be entitled to a minimum payment of $50 per month and a maximum payment of $100 per month. Effective January 1, 1987, a city may provide that the maximum payment be $300 per month.

(3) If a member becomes so physically or mentally disabled as to render him unfit for the performance of the duties of the position he occupies, but his disability does not constitute either total disability in line of duty or total disability not in line of duty, and such member has less than ten years' total service credit, he shall be entitled to an annuity which shall be the actuarial equivalent of his total accumulation at the date of his disability.

The board of trustees of the fund shall order a periodic reexamination of members of the fund receiving a disability pension, and if the disability no longer exists the payment thereunder shall be discontinued: Provided, That no such reexamination of any such member shall be ordered as aforesaid after such member attains the age of sixty years.
W. Va. Code § 16-4C-7 — WV Code / Chapter 16 / Article 4C / Section 7
§16-4C-7. Vehicles, aircraft and persons aboard them exempted from requirements of article.
Status: in_force

The following vehicles and aircraft are exempted from the provisions of this article and rules promulgated pursuant to it and persons aboard them are not required to comply with the provisions of section eight of this article:

(a) Privately-owned vehicles and aircraft not ordinarily used in the business or service of transporting patients;

(b) Vehicles and aircraft used as ambulances in case of a catastrophe or emergency when the ambulances normally staffed by certified emergency medical service personnel based in the locality of the catastrophe or emergency are insufficient to render the service required;

(c) Ambulances based outside this state, except that emergency medical service personnel aboard any such ambulance receiving a patient within this state for transportation to a location within this state shall comply with the provisions of this article and the rules promulgated pursuant to it except in the event of a catastrophe or emergency when the ambulances normally staffed by certified emergency medical service personnel based in the locality of the catastrophe or emergency are insufficient to render the services required;

(d) Ambulances owned by or operated under the direct control of a governmental agency of the United States; and

(e) Vehicles and aircraft designed primarily for rescue operations which do not ordinarily transport patients.
W. Va. Code § 6-3-5 — WV Code / Chapter 6 / Article 3 / Section 5
§6-3-5. Judgment on motion by officer against deputy and sureties.
Status: in_force

Where any deputy of a sheriff or collector shall commit any default or misconduct in office for which his principal, or the personal representative of such principal, is liable, for which a judgment or decree shall be rendered against either, such principal, or his personal representative, may, on motion, obtain a judgment against such deputy and his sureties, and their personal representatives, for the full amount for which such principal, or his personal representatives, may be so liable, or for which such judgment or decree may have been rendered. But no judgment shall be rendered by virtue of this section for money, for which any other judgment or decree has been previously rendered, against such deputy or his sureties or their personal representatives.
W. Va. Code § 62-10-5 — WV Code / Chapter 62 / Article 10 / Section 5
§62-10-5. Recognizance in carrying weapons.
Status: in_force

If any person go armed with a deadly, dangerous or prohibited weapon in violation of any of the provisions of article seven, chapter sixty-one of this code, he may be required to give a recognizance, with the right of appeal, as before provided, and like proceedings shall be had on such appeal.
W. Va. Code § 17A-6D-5 — WV Code / Chapter 17A / Article 6D / Section 5
§17A-6D-5. Applicant must be bonded.
Status: in_force

An application for a license certificate must be accompanied by a bond in the penal sum of $25,000 and have a corporate surety authorized to do business in this state, to ensure that the applicant will not, in the conduct of his or her business, make any fraudulent representation which causes a financial loss to any purchaser, seller, financial institution, agency or the State of West Virginia. The bond shall be effective on the date the license certificate is issued.

A licensee shall keep the bond in full force and effect at all times. The surety on the bond may cancel the bond upon giving thirty days' notice to the commissioner and, after notice of cancellation, the surety is relieved of liability for any breach or condition occurring after the effective date of the cancellation.
W. Va. Code § 33-5-19 — WV Code / Chapter 33 / Article 5 / Section 19
§33-5-19. Illegal dividends; liability; penalty.
Status: in_force

(a) Any director of a domestic stock or mutual insurer who votes for or concurs in declaration or payment of an illegal dividend to stockholders or members shall upon conviction thereof be guilty of a misdemeanor and, shall be jointly and severally liable, together with other such directors, for any loss thereby sustained by the insurer.

(b) The stockholders or members receiving such an illegal dividend shall be liable in the amount thereof to the insurer.

(c) The commissioner may revoke or suspend the license of an insurer which has declared or paid an illegal dividend.
W. Va. Code § 16-46-4 — WV Code / Chapter 16 / Article 46 / Section 4
§16-46-4. Possession and administration of an opioid antagonist by initial responders; limited liability.
Status: in_force

(a) Local and state governmental agencies that employ initial responders must provide opioid antagonist rescue kits to their initial responders, require initial responders to successfully complete the training required by §16-46-6(b) of this code, and require the initial responders to carry the opioid antagonist rescue kits in accordance with agency procedures so as to optimize the initial responders’ capacity to timely assist in the prevention of opioid overdoses: Provided, That a local or state governmental agency has designated sufficient funding or supplies of opioid antagonist rescue kits.

(b) In the absence of gross negligence or willful misconduct, nothing in this section shall be construed to impose civil or criminal liability on a local or state governmental agency or an initial responder acting in good faith in the administration or provision of an opioid antagonist in cases where an individual appears to be experiencing an opioid overdose.

(c) As used in this section, an “opioid antagonist rescue kit” means a kit containing:

(1) Two doses of an opioid antagonist in either a generic form or in a form approved by the United States Federal Food and Drug Administration; and

(2) Overdose education materials that conform to Office of Emergency Medical Services or federal Substance Abuse and Mental Health Services Administration guidelines for opioid overdose education that explain the signs and causes of an opioid overdose and instruct when and how to administer in accordance with medical best practices:

(A) Life-saving rescue techniques; and

(B) An opioid antagonist.
W. Va. Code § 16-13A-12 — WV Code / Chapter 16 / Article 13A / Section 12
§16-13A-12. Disbursement of district funds.
Status: in_force

No money may be paid out by a district except upon an order signed by the chairman and secretary of such board, or such other person or persons authorized by the chairman or secretary, as the case may be, to sign such orders on their behalf. Each order for the payment of money shall specify the purposes for which the amount thereof is to be paid, with sufficient clearness to indicate the purpose for which the order is issued, and there shall be endorsed thereon the name of the particular fund out of which it is payable and it shall be payable from the fund constituted for such purpose, and no other. All such orders shall be reflected in the minutes of the next meeting of the board.