FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 8-5-6 — WV Code / Chapter 8 / Article 5 / Section 6
§8-5-6. Charter provisions concerning officers and elections, etc.; provisions of general law concerning same.
Status: in_force

PART III. CHARTER PROVISIONS PERTAINING TO

ELECTION OF OFFICERS.

The charter of every city framed and adopted or revised as a whole under the provisions of article three or article four of this chapter, as the case may be, shall provide a method and time for the filing of certificates of candidacy, nominating candidates, conducting primary and regular municipal elections, and determining and certifying the results of such elections. Except as otherwise provided in the charter of any municipality, the provisions of general law with respect to the method and time for the filing of certificates of candidacy, nominating candidates, conducting primary and regular municipal elections, and determining and certifying the results of such elections, so far as applicable, shall apply to municipal elections: Provided, That the provisions of section thirteen of this article shall be construed as mandatory.
W. Va. Code § 21A-2-18 — WV Code / Chapter 21A / Article 2 / Section 18
§21A-2-18. Legal counsel.
Status: in_force

The Attorney General and his assistants and the prosecuting attorneys of the several counties shall render to the commissioner without additional compensation such legal services as in the discharge of his duties he shall require.

The commissioner may employ temporarily or as regular members of the department additional legal counsel. The remuneration of such counsel shall be paid from the administration fund.
W. Va. Code § 47-10-3 — WV Code / Chapter 47 / Article 10 / Section 3
§47-10-3. Unlawful to imitate designs or trade names of recognized brands of liquid fuels, etc.
Status: in_force

It shall be unlawful for any person, firm or corporation to disguise or camouflage his or their own equipment, by imitating the design, symbol or trade name under which recognized brands of liquid fuels, lubricating oils, and similar products are generally marketed.
W. Va. Code § 17C-15-21 — WV Code / Chapter 17C / Article 15 / Section 21
§17C-15-21. Same -- Use of; dimming lights upon approaching or overtaking.
Status: in_force

(a) Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in section two, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

(b) Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam specified in section twenty, subdivision (b) shall be deemed to avoid glare at all times, regardless of road contour and loading.

(c) Whenever the driver of a vehicle follows another vehicle within two hundred feet to the rear, except when engaged in the act of overtaking and passing, such driver shall use a distribution of light permissible under this chapter other than the uppermost distribution of light specified in subdivision (a) of section twenty.
W. Va. Code § 29-22B-1113 — WV Code / Chapter 29 / Article 22B / Section 1113
§29-22B-1113. Operation of authorized video lottery terminals; forfeiture of authorization for failure to operate.
Status: in_force

(a) A person who holds a permit or license to operate video lottery terminals shall place the video lottery terminals authorized by the license or permit in operation within six months after receiving the license or permit in which the terminals are first authorized. After January 1, 2002, a person who holds a permit or license to operate video lottery terminals shall place the video lottery terminals authorized by the license or permit in operation within ninety days after receiving the license or permit.

(b) After a video lottery terminal is connected to the commission's central site system of monitoring lottery terminals, the terminal may not be off-line for more than five consecutive days, unless the terminal is off-line due to fire, flood, or other act beyond the control of the operator. If the terminal is off-line due to fire, flood, or other act beyond the control of the operator, the terminal shall be reconnected to the commission's central site by the date ordered by the commission. The commission shall propose a legislative rule for promulgation in accordance with the provisions of article 29A-3-1, et seq., of this code, defining the term "other act beyond the control of the operator" and providing for application of this subsection (b).

(c) Except as otherwise provided in this section, authorization to operate a video lottery terminal that is not connected to the commission's central site system of monitoring lottery terminals shall be forfeited to the commission on the first day after expiration of the applicable period specified in this subsection (a) or (b) of this section.
W. Va. Code § 29-30-5 — WV Code / Chapter 29 / Article 30 / Section 5
§29-30-5. Volunteer health practitioner registration system.
Status: in_force

(a) To qualify as a volunteer health practitioner registration system, a system must:

(1) Accept applications for the registration of volunteer health practitioners before or during an emergency;

(2) Include information about the licensure and good standing of health practitioners which is accessible by authorized persons;

(3) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided pursuant to this article; and

(4) Meet one of the following conditions:

(A) Be an emergency system for advance registration of volunteer health care practitioners established by a state and funded through the Department of Health and Human Services pursuant to Section 319I of the Public Health Services Act, 42 U. S. C. Section 247d-7b, as amended;

(B) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to Section 2801 of the Public Health Services Act, 42 U.S.C. Section 300hh as amended;

(C) Be operated by a:

(i) Disaster relief organization;

(ii) Licensing board;

(iii) National or regional association of licensing boards or health practitioners;

(iv) Health facility that provides comprehensive inpatient and outpatient health care services, including a tertiary care and teaching hospital; or

(v) Governmental entity; or

(D) Be designated by the Governor or his or her designee as a registration system for purposes of this article.

(b) While an emergency declaration is in effect, the Governor or his or her designee or a host entity, may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with this article. Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.

(c) Upon request of a person in this state authorized pursuant to this article, or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.

(d) A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.
W. Va. Code § 15-1K-3 — WV Code / Chapter 15 / Article 1K / Section 3
§15-1K-3. Adjutant General administration; expenses of Civil Air Patrol.
Status: in_force

(a) Due to the nature of its congressionally assigned key missions and nonassigned missions, the West Virginia wing of the Civil Air Patrol shall be administered by the Adjutant General and the Adjutant General’s department in accordance with applicable state, federal and Civil Air Patrol regulations.

(b) The Adjutant General, in addition to all other powers and functions authorized by law, may expend state funds:

(1) For operational missions or other objectives related to national security, homeland security, emergency response, disaster relief or other similar missions;

(2) For educational and training purposes of the Civil Air Patrol, including, but not limited to, the purchase of Civil Air Patrol aviation, homeland security and emergency services education training aid books, materials and equipment;

(3) To defray maintenance, repair and replacement costs of Civil Air Patrol aircraft, motor vehicles and other homeland security and emergency services equipment;

(4) To purchase and obtain supplies and equipment for the Civil Air Patrol; and

(5) To maintain the communications network for the Civil Air Patrol and to integrate it with other state communications networks.

(c) Funds specifically appropriated by the Legislature for the purposes specified in subsection (b) of this section may be expended by the Adjutant General and shall be expended for no other purposes.
W. Va. Code § 44-12-3 — WV Code / Chapter 44 / Article 12 / Section 3
§44-12-3. Confirmation of action of clerk.
Status: in_force

When the probate of such will, or the appointment of such appraisers of estate of decedents, or the appointment of such executor, administrator, guardian, curator or committee is confirmed by the court, with or without contest, the same shall be held and treated in all respects as if the will had been probated and admitted to record, or the appointment had been made, by the county court in the first instance.
W. Va. Code § 8A-12-3 — WV Code / Chapter 8A / Article 12 / Section 3
§8A-12-3. Content and requirements of farmland protection programs.
Status: in_force

(a) An adopted farmland protection program shall include only those qualifying properties which are voluntarily offered into the program by the landowners of the properties.

(b) An adopted farmland protection program shall meet the following minimum requirements:

(1) The program shall be developed by the county farmland protection board and approved by the county commission. The county farmland protection board, in consultation with the local conservation district, shall administer the farmland protection program;

(2) The board shall establish uniform standards and guidelines for the eligibility of properties for the program. The standards and guidelines shall take into consideration the following: Current and past uses of the property; existing property improvements, property tract size and shape; location of the property tract in relation to other potential agricultural property tracts; impending threat of conversion of the property to nonagricultural uses; property ownership and existing deed covenants; and restrictions with respect to the property; and

(3) The guidelines established by the board shall outline the various methods of farmland protection which are available to prospective participating property owners and the procedures to be followed in applying for program consideration.
W. Va. Code § 62-1C-19 — WV Code / Chapter 62 / Article 1C / Section 19
§62-1C-19. Severability.
Status: in_force

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or its application, and to this end, the provisions of this article are declared to be severable.
W. Va. Code § 36B-1-104 — WV Code / Chapter 36B / Article 1 / Section 104
§36B-1-104. Variation by agreement.
Status: in_force

Except as expressly provided in this chapter, provisions herein may not be varied by agreement, and rights conferred may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.
W. Va. Code § 22A-2-18 — WV Code / Chapter 22A / Article 2 / Section 18
§22A-2-18. Duty of mine foreman to notify operator when unable to comply with law; duty of operator.
Status: in_force

The mine foreman shall notify, in writing, the operator or superintendent of the mine, and the director, of his inability to comply with any of the requirements of this law, and it shall then become the duty of such operator or superintendent promptly to attend to the matter complained of by the mine foreman so as to enable him to comply with the provisions hereof. Every operator of a mine shall furnish all supplies necessary for the mine foreman to comply with the requirements of this law after being requested to do so in writing by the mine foreman.
W. Va. Code § 8-13-9 — WV Code / Chapter 8 / Article 13 / Section 9
§8-13-9. Motor vehicle operator's tax.
Status: in_force

Every municipality shall have plenary power and authority to levy and collect an annual motor vehicle operator's license tax not to exceed $2. The tax shall apply only to inhabitants of the municipality.
W. Va. Code § 16-7-9 — WV Code / Chapter 16 / Article 7 / Section 9
§16-7-9. Enforcement; disposition of penalties.
Status: in_force

The State department of health shall be charged with the enforcement of all the provisions of this act and all penalties which may be recovered shall be paid to the treasurer of the State of West Virginia general fund.
W. Va. Code § 17-10-9 — WV Code / Chapter 17 / Article 10 / Section 9
§17-10-9. Same -- Opening bids; award or rejection of bids; contractor's bond; publication of information as to bids; reserving portion of payment for work; penalties for unlawful conduct as to bids.
Status: in_force

All bids for work to be done by contract on roads and bridges under the control of the county court shall be received at the courthouse of the county at the time specified in the advertisement, and shall be opened only in open court, and the amount and items comprising each bid shall be publicly announced, and the contract, if let, shall be awarded to the lowest bidder for the type of construction selected. The contractor shall give bond with security to be approved by the court in an amount equal to fifty percent of the contract price, conditioned for the faithful performance of the contract.

After such bids have been opened the county court shall publish immediately the names of all persons bidding on such contract, together with the itemized amount of their respective bids, designating the person to whom such contract was awarded, if awarded, together with the amount of his bid. Such information shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty- nine of this code, and the publication area for such publication shall be the county.

The court may reject any and all bids, and may thereafter have the work done in any other manner that it may deem advisable. If there be two bids of the same amount for any section of road, or for any other improvement thereon, the court shall have the power to accept either of such bids.

The court may reserve from payment not more than twenty percent of the amount accruing on the contract until the work has been completed and approved.

Any person who shall open any of the bids at any other time or place than herein provided, or shall make known the name of the bidder, or the amount of his bid, otherwise than as herein provided, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50 nor more than $200, and be imprisoned in the county jail not less than one nor more than six months. Any member of the county court who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall in addition to the penalties provided above forfeit his office.
W. Va. Code § 62-7-10 — WV Code / Chapter 62 / Article 7 / Section 10
§62-7-10. Prison Commitment order.
Status: in_force

The clerk of a circuit court in which a person is sentenced to serve a period of incarceration in a state prison shall transmit to the Commissioner of the Division of Corrections and Rehabilitation a certified commitment order in the form provided for in this section. A person may not be committed to a prison unless the commitment order is signed by the circuit judge with jurisdiction over the matter. The amendments to this section enacted during the 2019 regular session of the Legislature are effective July 1, 2019.

IN THE CIRCUIT COURT OF ____________________COUNTY, WEST VIRGINIA

State of West Virginia

v. circuit court Case No.___________________

Defendant: ______________________________

DOB: ________________ SSN: XXX-XX-______ Gender: _____Male/______Female

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION CERTIFIED PRISON COMMITMENT ORDER

On the ______day of __________________, 20___, the State of West Virginia, by _____________________________________, and the defendant appeared in person and with counsel,________________________________________________.

The defendant has been convicted of the following offense(s):

_____________________________________________________________________

The defendant is committed to the custody of the Commissioner of Corrections and Rehabilitation for a period of:

___________________________________________________________________________.

Conviction Date: _______________ Sentence Date: __________________

Effective Sentence Date: _____________ Resentence Date: _____________________ Consecutive to: ____ Concurrent with:

______________________________________________________________________

Credit for Jail/Prison Time Served: ______days Credit for Home Incarceration: ______days

Credit for Home Incarceration Parole: ______days Other NonPenal Credit: ________days

Additionally, the court finds:

______________________________________________________________________

The defendant shall be transported to and held in a facility under the control of the Commissioner of the Division of Corrections and Rehabilitation. The court further orders that the cost of incarceration in the jail pending transfer shall be paid by the Commissioner consistent with the provisions of §15A-3-16 of this code.

Special Instructions: ___________________________________________________________

It is further ordered that the Circuit Clerk shall immediately transmit a certified copy of this commitment order to the Central Office Inmate Records Manager of the Division of Corrections and Rehabilitation by facsimile at (fax number), by email at (email address) or other electronic transmission, or by mail at (street address).

Enter this _____day of __________, 2____.

___________________________________

Circuit Judge
W. Va. Code § 34-1-2 — WV Code / Chapter 34 / Article 1 / Section 2
§34-1-2. Recordation and posting of certificate.
Status: in_force

Such freeholders shall return their certificate, with the warrant, to the clerk of the county court of the county, who shall record the same in a book kept for that purpose, and post a copy thereof at the door of the courthouse of the county within one week after his receipt of such certificate.
W. Va. Code § 62-15-6 — WV Code / Chapter 62 / Article 15 / Section 6
§62-15-6. Eligibility.
Status: in_force

(a) A drug offender shall not be eligible for the drug court program if:

(1) The underlying offense involves a felony crime of violence, unless there is a specific treatment program available designed to address violent offenders;

(2) The underlying offense involves an offense that requires registration as a sex offender pursuant to the article twelve, chapter fifteen of this Code;

(3) The drug offender has a prior felony conviction in this state or another state for a felony crime of violence; or

(4) The drug offender has a prior conviction in this state or another state for a crime that requires registration as a sex offender pursuant to article twelve, chapter fifteen of this Code.

(b) Eligible offenses may be further restricted by the rules of a specific drug court program.

(c) Nothing in this section shall require a drug court judge to consider or accept every offender with a treatable condition or addiction, regardless of the fact that the controlling offense is eligible for consideration in the program.
W. Va. Code § 37-2-2 — WV Code / Chapter 37 / Article 2 / Section 2
§37-2-2. Escheat of equitable interests.
Status: in_force

An estate vested in a person merely by way of mortgage or trust shall not escheat by reason of the mortgagee or trustee dying without heirs but any equitable title to or interest in lands shall escheat or be forfeited in the same manner as it would if the person having the equitable had the legal title.
W. Va. Code § 5-21-1 — WV Code / Chapter 5 / Article 21 / Section 1
§5-21-1. Definitions.
Status: in_force

As used in this article:

(a) "ASHRAE" means the organization known as the American Society of Heating, Refrigerating and Air Conditioning Engineers.

(b) "Director" means the director of the Governor's office of economic and community development.
W. Va. Code § 30-25-18 — WV Code / Chapter 30 / Article 25 / Section 18
§30-25-18. Single act evidence of practice.
Status: in_force

In any action brought or in any proceeding initiated under this article, evidence of the commission of a single act prohibited by this article is sufficient to justify a penalty, injunction, restraining order or conviction without evidence of a general course of conduct.
W. Va. Code § 38-7-38 — WV Code / Chapter 38 / Article 7 / Section 38
§38-7-38. Conveyance by former officer; sale or conveyance by special commissioner.
Status: in_force

An officer directed by the court to make a conveyance, under the preceding section, may make the same in his official character, notwithstanding his term of office shall have expired. And in case of the death, removal, inability, or refusal to act of the officer or person appointed to make any such sale or conveyance, before the same is made, the circuit court of the county, in which such judgment, decree or order was rendered or made, may appoint a special commissioner to make such sale or conveyance, or both, as required by such judgment, decree or order.
W. Va. Code § 48-1A-901 — WV Code / Chapter 48 / Article 1A / Section 901
§48-1A-901. Limitation of actions.
Status: in_force

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party.
W. Va. Code § 58-4-5 — WV Code / Chapter 58 / Article 4 / Section 5
§58-4-5. Stay of proceedings; bond.
Status: in_force

At the instance of any person who desires to present such petition, the court of limited jurisdiction, in which the judgment, decree or order is, may, during the term at which it is rendered or made, or the judge of such court may, within twenty days after such term is ended, upon notice in writing to the opposite party (in either case the court or the judge exercising a discretion), make an order suspending the execution of such judgment, decree or order, for a reasonable time to be specified in such order, when such person shall give bond before the clerk of such court, in such penalty as the court or judge may require, with a condition reciting such judgment, decree or order, and the intention of such person to present such petition, and providing for the payment of all such damages as any person may sustain by reason of such suspension in case a supersedeas to such judgment, decree or order should not be allowed and be effectual within the time so specified.