FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 46-4-213 — WV Code / Chapter 46 / Article 4 / Section 213
§46-4-213. Medium and time of settlement by bank.
Status: in_force

(a) With respect to settlement by a bank, the medium and time of settlement may be prescribed by federal reserve regulations or circulars, clearing-house rules, and the like, or agreement. In the absence of such prescription:

(1) The medium of settlement is cash or credit to an account in a federal reserve bank of or specified by the person to receive settlement; and

(2) The time of settlement is:

(i) With respect to tender of settlement by cash, a cashier's check, or teller's check, when the cash or check is sent or delivered;

(ii) With respect to tender of settlement by credit in an account in a federal reserve bank, when the credit is made;

(iii) With respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or

(iv) With respect to tender of settlement by a funds transfer, when payment is made pursuant to section 4A-406(a) to the person receiving settlement.

(b) If the tender of settlement is not by a medium authorized by subsection (a) or the time of settlement is not fixed by subsection (a), no settlement occurs until the tender of settlement is accepted by the person receiving settlement.

(c) If settlement for an item is made by cashier's check or teller's check and the person receiving settlement, before its midnight deadline:

(1) Presents or forwards the check for collection, settlement is final when the check is finally paid; or

(2) Fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement.

(d) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item.
W. Va. Code § 11-12B-1 — WV Code / Chapter 11 / Article 12B / Section 1
§11-12B-1. Short title; arrangement and classification.
Status: in_force

This article may be cited as the "Minimum Severance Tax Act." No inference, implication or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section or provision or portion of this article, and no legal effect shall be given to any descriptive matter of headings relating to any part, section, subsection or paragraph of this article.
W. Va. Code § 36A-3-13 — WV Code / Chapter 36A / Article 3 / Section 13
§36A-3-13. Records of receipts and expenditures; examination by owners; records of assessments.
Status: in_force

The treasurer shall keep detailed records of all receipts and expenditures, including expenditures affecting the common elements, specifying and itemizing the maintenance, repair and replacement expenses of the common elements and any other expenses incurred. Such records shall be available for examination by the unit owners during regular business hours. In accordance with the actions of the council assessing common expenses against the units and unit owners, he shall keep an accurate record of such assessments and of the payment thereof by each unit owner.
W. Va. Code § 18-5E-5 — WV Code / Chapter 18 / Article 5E / Section 5
§18-5E-5. Operational agreement between Innovation in Education school and county board.
Status: in_force

An Innovation in Education school designated by the state board may not commence or continue operations without a signed operational agreement between the county board and the school principal which sets forth at least the following:

(1) Any conditions which must be met before the Innovation in Education school may begin full operations. If necessary, the full implementation of an Innovation in Education school may be postponed for up to one school year following its initial designation to enable all conditions necessary for full operation to be met;

(2) Any material term of the school’s Innovation in Education Plan concerning curriculum, budget, school schedule, calendar, staffing, professional development and policies and procedures to be adhered to by both the county board and the school;

(3) An agreed-upon process for amending or refining the school’s Innovation in Education Plan to improve the school’s performance and student success, including but not limited to, the request for additional waivers of rules, policies, interpretations and statutes through the local school improvement council process;

(4) The annual performance targets set by the county board and the school to assess and evaluate the school’s progress in achieving its annual measureable goals as set forth in its Innovation in Education Plan, including any additional internal and external metrics of performance agreed to by the school and the county board to measure the school’s performance and student success. The annual performance targets may be refined or amended by mutual agreement of the county board and the school after the school has been fully operational for one year and has collected baseline performance data;

(5) The process and criteria that the county board will use to annually monitor and evaluate the overall performance and student success of the school, including a process to conduct annual site visits;

(6) Any information needed by the county board from the school for the purposes of accountability and reporting by the school on the implementation of its mission as an Innovation in Education school;

(7) The process the county board will use to notify the school of any deficiencies and the process by which the school may submit an improvement plan; and

(8) In the event that an Innovation in Education school’s performance appears unsatisfactory, specific provisions addressing the parameters under which the county board may promptly notify the school in writing of perceived problems and provide reasonable opportunity for the school to remedy the problems, or if not remedied, may intervene or recommend to the state board that it place the school’s designation on probationary status, require a remedial action plan and potentially revoke the designation. At a minimum, these parameters shall include the circumstances of poor fiscal management and a lack of academic progress.
W. Va. Code § 30-16-2 — WV Code / Chapter 30 / Article 16 / Section 2
§30-16-2. License required; exceptions.
Status: in_force

(a) No person may practice or offer to practice, in this state, chiropractic without a license issued by the West Virginia board of chiropractic. A certificate or license issued under the laws of this state, authorizing its holder to practice chiropractic, before the effective date of this article is not affected by the enactment of this article, except that the holder of a certificate of license issued prior to the effective date of this article is subject to all the provisions of this article respecting the requirements and obligations prescribed for the continuance in force of the certificate of license.

(b) This article does not prohibit:

(1) Students from engaging in training in a chiropractic school accredited by the counsel on chiropractic education or its successor;

(2) Licensed chiropractors from providing service in cases of emergency where no fee or other consideration is contemplated, charged or received;

(3) Commissioned chiropractic officers of the Armed Forces of the United States and chiropractic officers of the United States Public Health Service or the Veterans' Administration of the United States from discharging their official duties, except:

(A) Those officers who hold chiropractic licenses in the state are subject to the provisions of this article; and

(B) Those officers shall be fully licensed to practice chiropractic in one or more jurisdictions of the United States;

(4) Individuals from practicing the tenets of a religion or administering to the sick or suffering by mental or spiritual means in accord with the tenets. This provision does not exempt these individuals from the public health laws of the state or federal government; or

(5) A person from administering a lawful domestic or family remedy to a member of his or her own family.
W. Va. Code § 38-2-2 — WV Code / Chapter 38 / Article 2 / Section 2
§38-2-2. Lien of subcontractor.
Status: in_force

Every person, firm or corporation who, under and by virtue of a contract with such general contractor as is mentioned in section one of this article, or with a subcontractor for a part of such work, either for an agreed contract price or by day or by piece, or other basis of payment, shall furnish any part of the materials, machinery or other necessary supplies or equipment, or shall perform any labor, do any work or provide any services necessary to the completion of any general contract, such as is mentioned in section one of this article, shall have such a lien for his or her compensation, as is provided for in section one of this article.
W. Va. Code § 19-21A-2 — WV Code / Chapter 19 / Article 21A / Section 2
§19-21A-2. Legislative determinations and declaration of policy.
Status: in_force

It is hereby declared, as a matter of legislative determination:

(a) That West Virginia has a rich history of farming and using natural resources. The farms, forests, soil, and water resources are among the basic assets of the state and conservation of these resources is vital to the maintenance and future of the state and its citizens. However, improper land use practices have led to unnecessary soil erosion and water degradation.

(b) There is a continuing need for the implementation of conservation practices, whether urban, suburban, or rural, that maintain, promote, control, and prevent soil erosion, prevent floodwater and sediment damage, and further the conservation, development, use, disposal, and quality of water, thereby preserving natural resources, controlling floods, preventing impairment of dams and reservoirs, assisting in maintaining the navigability of rivers and harbors, preserving wildlife, protecting the tax base, protecting public lands, and promoting the health, safety, and general welfare of the people of this state.

(c) Adopting sound conservation policies and practices is an investment in West Virginia’s Natural Resources and is a foundation for profitable, productive, and healthy ecosystems that are resilient and better able to withstand current and future environmental challenges.

(d) In recognition of the ever-increasing demands on West Virginia’s soil and water resources, it is declared the policy of the state that the State Conservation Committee and the State’s Conservation Districts, in cooperation with other state and federal agencies, political subdivisions, nongovernmental organizations, private landowners, and others, work to recommend and implement programs and policies that improve soil health and water quality.

(e) This article contemplates that the cost of operating conservation districts will be provided by donations, gifts, contributions, grants, and appropriations, in money, services, materials, or otherwise, from the United States or any of its agencies, from the State of West Virginia or from other sources, with the understanding that the owners or occupiers of the land bear the responsibility of implementing practices to alleviate soil erosion and/or improve water quality on their lands and will contribute funds, labor, materials, and equipment to aid in carrying out such measures.
W. Va. Code § 51-1-15 — WV Code / Chapter 51 / Article 1 / Section 15
§51-1-15. Administrative office of Supreme Court of Appeals continued; director; assistants and secretaries; seal.
Status: in_force

The administrative office of the Supreme Court of Appeals heretofore established is hereby continued. The court shall appoint a director thereof and such assistants and secretaries as it deems necessary to perform the duties of the office as specified in section seventeen of this article and such other duties as may be specified by the court. Such appointees shall serve at the will and pleasure of the court and shall receive such compensation as may be fixed from time to time by the court. They shall also be reimbursed out of the state Treasury for all reasonable and necessary expenses actually incurred for travel, meals and lodging incident to the performance of their duties as such appointees. The director, when so directed by the court, shall cause a seal of office to be made for such office of such design as the court shall approve, and judicial notice shall be taken of such seal.
W. Va. Code § 19-20-16 — WV Code / Chapter 19 / Article 20 / Section 16
§19-20-16. Same -- When lawful to kill dog.
Status: in_force

A person may kill a dog that he may see chasing, worrying, wounding or killing any sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits, horses, colts or poultry outside of the enclosure of the owner of the dog, unless the chasing or worrying be done by the direction of the owner of the sheep, lambs, goats, kids, calves, cattle, swine, show or breeding rabbits or horses and colts or poultry.
W. Va. Code § 33-40A-9 — WV Code / Chapter 33 / Article 40A / Section 9
§33-40A-9. Supplemental provisions; rules; exemption.
Status: in_force

(a) The provisions of this article are supplemental to any other provisions of the laws of this state, and do not preclude or limit any other powers or duties of the commissioner under such laws, including, but not limited to, article ten and article thirty-four of this chapter.

(b) The commissioner may propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, as are necessary to effectuate the purposes of this article and to prevent circumvention and evasion thereof.

(c) The commissioner may exempt from the application of this article a domestic health organization that:

(1) Writes direct business only in this state;

(2) Assumes no reinsurance in excess of five percent of direct premiums written; and

(3) Writes direct annual premiums for comprehensive medical business of $2 million or less; or

(4) Is a limited health service organization that covers less than two thousand lives.
W. Va. Code § 17D-6-1 — WV Code / Chapter 17D / Article 6 / Section 1
§17D-6-1. Chapter inapplicable to government-owned vehicles.
Status: in_force

This chapter shall not apply with respect to any vehicle owned by the United States, this state or any political subdivision of this state or any municipality therein.
W. Va. Code § 22-15A-29 — WV Code / Chapter 22 / Article 15A / Section 29
§22-15A-29. Rulemaking.
Status: in_force

The secretary shall propose for promulgation emergency and legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of this code necessary to implement the provisions of sections twenty-four through twenty-eight, inclusive, of this article by January 1, 2009.
W. Va. Code § 13-2H-12 — WV Code / Chapter 13 / Article 2H / Section 12
§13-2H-12. Construction of article.
Status: in_force

This article may not be construed as a restriction or limitation upon any powers which a county, municipality or board of education might otherwise have under any laws of this state, but shall be construed as alternative or additional. This article may not be construed as requiring an election by the voters of a county, municipality or board of education prior to the issuance of bonds hereunder by a county, municipality or board of education and may not be construed as requiring any proceeding under any law or laws, other than that which is required by this article.
W. Va. Code § 20-3-26 — WV Code / Chapter 20 / Article 3 / Section 26
§20-3-26. When and how compact becomes operative.
Status: in_force

When the Governor shall have executed said compact on behalf of this state and shall have caused a verified copy thereof to be filed with the Secretary of State and when said compact shall have been ratified by one or more of the states named in section twenty-five of this article, then said compact shall become operative and effective as between this state and such other state or states. The Governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents as between this state or any other state ratifying said compact.
W. Va. Code § 44D-8B-14 — WV Code / Chapter 44D / Article 8B / Section 14
§44D-8B-14. Protection of charitable interest.
Status: in_force

(a) In this section:

(1) “Determinable charitable interest” means a charitable interest that is a right to a mandatory distribution currently, periodically, on the occurrence of a specified event, or after the passage of a specified time and which is unconditional or will be held solely for charitable purposes.

(2) “Unconditional” means not subject to the occurrence of a specified event that is not certain to occur, other than a requirement in a trust instrument that a charitable organization be in existence or qualify under a particular provision of the United States Internal Revenue Code of 1986 on the date of the distribution, if the charitable organization meets the requirement on the date of determination.

(b) If a first trust contains a determinable charitable interest which is not held by an identified charitable organization, the Attorney General has the rights of a qualified beneficiary and may represent and bind the charitable interest.

(c) If a first trust contains a charitable interest, the second trust or trusts may not:

(1) Diminish the charitable interest;

(2) Diminish the interest of an identified charitable organization that holds the charitable interest;

(3) Alter any charitable purpose stated in the first-trust instrument; or

(4) Alter any condition or restriction related to the charitable interest.

(d) If there are two or more second trusts, the second trusts shall be treated as one trust for purposes of determining whether the exercise of the decanting power diminishes the charitable interest or diminishes the interest of an identified charitable organization for purposes of subsection (c) of this section.

(e) If a first trust contains a determinable charitable interest which is not held by an identified charitable organization, the second trust or trusts that include a charitable interest pursuant to subsection (c) of this section must be administered under the law of this state unless:

(1) The Attorney General, after receiving notice under §44D-8B-7 of this code, fails to object in a signed record delivered to the authorized fiduciary within the notice period;

(2) The Attorney General consents in a signed record to the second trust or trusts being administered under the law of another jurisdiction; or

(3) The court approves the exercise of the decanting power.
W. Va. Code § 5-10-53 — WV Code / Chapter 5 / Article 10 / Section 53
§5-10-53. Joint study of state retirement systems; report to Joint Committee on Government and Finance by specified date of study conclusions.
Status: in_force

In light of the determination to repeal the Public Employees Retirement System II (PERS II) before its proposed date of initial operation, a study shall be undertaken through the cooperative efforts of the board of the Public Employees Retirement System, the board of the Teachers Retirement System and the legislative commission on pensions and retirement toward determining the best method by which to address the fiscal problems of the Teachers Retirement System together with any combining of retirement systems of the state that might be indicated, with report to be made to the Joint Committee on Government and Finance of the Legislature by June 30, 1989.
W. Va. Code § 44-15-5 — WV Code / Chapter 44 / Article 15 / Section 5
§44-15-5. Evidence of necessity for appointment of guardian or committee of mentally incompetent ward.
Status: in_force

Where a petition is filed for the appointment of a guardian or committee of a mentally incompetent ward, a certificate setting forth the fact that such person has been rated incompetent by an examining board employed or convened by the government of the United States, on examination in accordance with the laws and regulations governing such bureau or agency of government from which payments are to be made, and that the appointment of a guardian is a condition precedent to the payment of any moneys due such person, shall be prima facie evidence of the necessity for such appointment.
W. Va. Code § 31D-1-127 — WV Code / Chapter 31D / Article 1 / Section 127
§31D-1-127. Evidentiary effect of copy of filed document.
Status: in_force

All courts, public offices and official bodies shall take and receive copies of documents filed in the office of the Secretary of State and certified by him or her, in accordance with the provisions of this article, as conclusive evidence that the original document is on file with the Secretary of State.
W. Va. Code § 20-2-11 — WV Code / Chapter 20 / Article 2 / Section 11
§20-2-11. Sale of wildlife; transportation of same.
Status: in_force

(a) A person, except those legally licensed to operate private game preserves for the purpose of propagating game for commercial purposes and those legally licensed to propagate or sell fish, amphibians and other forms of aquatic life, may not purchase or offer to purchase, sell or offer to sell, trade or offer to trade, barter or offer to barter, expose for sale, trade or barter or have in his or her possession for the purpose of sale, trade or barter any wildlife, or part thereof, which has been designated as game animals, fur-bearing animals, game birds, game fish or amphibians, or any of the song or insectivorous birds of the state, or any other species of wildlife which the director may designate, except for captive cervids regulated pursuant to the provisions of §19-2H-1 et seq. of this code. However, pelts of game or fur-bearing animals, fur-bearer parts, including carcasses for the making of lures and baits, carcass parts, including glands, skulls, claws, and bones, and fur-bearer urine taken during the legal season may be sold, traded or bartered and live red and gray foxes and raccoon taken by legal methods during legal and established trapping seasons may be sold, traded or bartered within the state. In addition, the hide, head, antlers and feet of a legally killed deer, lawfully collected and possessed naturally shed deer antlers, the hide, head and skull of a legally killed black bear, and the hide and tails of legally killed squirrels may be sold, traded or bartered.

(b) A person, including a common carrier, may not transport, carry or convey, or receive for such purposes, any wildlife, the sale, trade or bartering of which is prohibited, if such person knows or has reason to believe that such wildlife has been or is to be sold, traded or bartered in violation of this section.

(c) Each separate act of selling or exposing for sale, trading or exposing for trade or bartering or exposing for barter or having in possession for sale, trade, barter, transporting or carrying in violation of this section constitutes a separate misdemeanor offense. Notwithstanding this or any other section of this chapter, any game birds or game bird meats sold by licensed retailers may be served at any hotel, restaurant or other licensed eating place in this state.

(d) The director may propose rules for promulgation in accordance with §29A-3-1 et seq. of this code dealing with the sale of wildlife and the skins thereof.
W. Va. Code § 19-12B-6 — WV Code / Chapter 19 / Article 12B / Section 6
§19-12B-6. Disposition of compact grants and reimbursements.
Status: in_force

The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account in the state Treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.