FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 12-6E-1 — WV Code / Chapter 12 / Article 6E / Section 1
§12-6E-1. Definitions.
Status: in_force

As used in this article, unless a different meaning clearly appears from the context:

“Approved investment” means a proposed investment in a final project as approved by the Investment Committee.

“Approved project proposal” means a project proposal that has been approved by the Investment Committee.

“Final project” means the final project or investment product developed by a selected manager.

“Investment Committee” means the committee established in §12-6E-4 of this code.

“Investment Management Board” means the West Virginia Investment Management Board established under §12-6-1, et seq . of this code.

“Mountaineer Impact Office” means the agency and government instrumentality of the State of West Virginia established under §12-6E-6 of this code to implement, invest and administer the assets transferred from the West Virginia Impact Fund to the Investment Committee.

“Project proposal” means a proposal for a particular project identified by the Mountaineer Impact Office to implement the goal of the West Virginia Impact Fund described in §12-6E-3 of this code.

“Selected manager” means one or more asset or project managers selected by the Mountaineer Impact Office under §12-6E-6 of this code.

“West Virginia Impact Fund” means the fund established in §12-6E-2 of this code.
W. Va. Code § 44-5B-7 — WV Code / Chapter 44 / Article 5B / Section 7
§44-5B-7. Disclosure of content of electronic communications of deceased user.
Status: in_force

If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:

(a) A written request for disclosure in physical or electronic form;

(b) A certified copy of the death certificate of the user;

(c) A certified copy of the letter of appointment of the representative;

(d) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney or other record evidencing the user’s consent to disclosure of the content of electronic communications; and

(e) If requested by the custodian:

(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;

(2) Evidence linking the account to the user; or

(3) A finding by the court that:

(A) The user had a specific account with the custodian, identifiable by the information specified in §44-5B-7(e)(1) of this code;

(B) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., 47 U.S.C. § 222, or other applicable law;

(C) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

(D) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
W. Va. Code § 48-5-205 — WV Code / Chapter 48 / Article 5 / Section 205
§48-5-205. Grounds for divorce; conviction of crime.
Status: in_force

A divorce may be ordered when either of the parties subsequent to the marriage has, in or out of this state, been convicted for the commission of a crime that is a felony and, the conviction is final.
W. Va. Code § 24F-1-3A — WV Code / Chapter 24F / Article 1 / Section 3A
§24F-1-3a. Setting of Department of Veterans' Affairs' grave markers by cemeteries and companies that set and install memorial monument markers.
Status: in_force

All cemeteries, cemetery associations, cemetery companies and perpetual care cemetery companies, irrespective of how each may be defined in articles five, five-a and five-b, chapter thirty-five of this code, and companies that set and install memorial monument markers shall not deny a person or entity the opportunity for installation and maintenance of United States Department of Veterans' Affairs' grave markers at the graves of deceased United States Armed Forces veterans for the total charges authorized by section two of this article.
W. Va. Code § 44-13-6 — WV Code / Chapter 44 / Article 13 / Section 6
§44-13-6. How decisions and orders of such clerk reviewed.
Status: in_force

Appeals from the decision rendered and orders made by such clerk may be had to the circuit court of his county at the instance of the same persons, in the same manner, by the same procedure, and within the same time, as from decisions and final orders of a county court; and when carried into the circuit court such cases shall be heard and proceeded with there in the same manner as is provided by law for similar cases appealed from a county court.
W. Va. Code § 18B-1G-4 — WV Code / Chapter 18B / Article 1G / Section 4
§18B-1G-4. Reporting.
Status: in_force

(a) A state institution of higher education shall file and certify with the Joint Committee on Education a report of the steps taken by the academic institution of higher education and its staff, administration, and faculty to comply with this article.

(b) The state institution of higher education shall publish the report described in subsection (a) of this section on the institution of higher education's webpage.

(c) The state institution of higher education shall file the report described in subsection (a) of this section by July 1, 2025, and on July 1 of each year thereafter, or the state institution of higher education shall not be permitted to expend any moneys appropriated by the Legislature for the next fiscal year.
W. Va. Code § 33-3-14C — WV Code / Chapter 33 / Article 3 / Section 14C
§33-3-14c. Computation and payment of tax.
Status: in_force

The taxes levied hereunder shall be due and payable in quarterly installments on or before the twenty-fifth day of the month succeeding the end of the quarter in which they accrue, except for the fourth quarter, for which taxes shall be due and payable on or before March 1 of the succeeding year. The insurer subject to making the payments shall, by the due date, prepare an estimate of the tax based on the estimated amount of taxable premium during the preceding quarter, and mail the estimate together with a remittance of the amount of tax to the office of the commissioner.
W. Va. Code § 15-1B-20 — WV Code / Chapter 15 / Article 1B / Section 20
§15-1B-20. Military expenses.
Status: in_force

All payments made under the provisions of this article, except pay and allowances for active service of the state, shall be paid out of the military fund. All pay and allowances and other expenses incurred in active service of the state shall be paid out of any moneys in the treasury not otherwise appropriated. The military fund shall be disbursed on warrant of the Adjutant General, properly drawn and in such manner as the Governor may order, or as may be required by law, but no warrant for funds signed by him shall be honored by the Auditor until such Adjutant General shall have executed and filed such bond as may be required by the Governor. Payments shall be made on proper vouchers, which vouchers shall show the authority under which the expenditures are made, contain an itemized statement of the transactions, and be filed for record in the office of the Adjutant General. All claims for services rendered or material furnished shall be approved by the officer ordering the work or material, and shall be over his certificate to the effect that the amount is just and reasonable, and that it has not been previously paid. No expenditures shall be made by any officer until an estimate of the amount and a statement of the necessity therefor shall have been laid before the Adjutant General and his approval received.
W. Va. Code § 29A-3-17 — WV Code / Chapter 29A / Article 3 / Section 17
§29A-3-17. Prior rules.
Status: repealed

Any rule lawfully promulgated prior to the effective date of this chapter shall remain in full force and effect until:

(1) Such rule is expressly made ineffective by the provisions of this chapter, or

(2) Such rule should expire by reason of failure to refile the same as provided in section five of article two, or expires pursuant to its own terms and provisions lawfully made before the effective date of this section, or

(3) Such rule is repealed by the lawful act of the agency, in conformity with this chapter, or

(4) Such rule is invalidated by an act of the Legislature or the force and effect of another law.
W. Va. Code § 3-3-3A — WV Code / Chapter 3 / Article 3 / Section 3A
§3-3-3a. Voting absent voter's ballot by personal appearance in Saturday elections for religious reasons.
Status: in_force

(a) In addition to the persons declared eligible to vote absent voters' ballots pursuant to the provisions of section one of this article, duly registered and otherwise qualified voters who are members of a religious denomination with an established history of observing Saturday as the sabbath may vote absentee by personal appearance in any election to be held on a Saturday.

(b) Application for an absent voter's ballot authorized by the provisions of this section shall be made on a form prescribed by the Secretary of State. The procedures for voting by personal appearance set forth in section three of this article, to the extent not in conflict with the provisions of this section, shall otherwise govern the procedures herein.
W. Va. Code § 8A-12-6 — WV Code / Chapter 8A / Article 12 / Section 6
§8A-12-6. Farmland protection board duties.
Status: in_force

The duties of each farmland protection board are as follows:

(a) To report to the county commission with respect to the acquisition of easements by the farmland protection board within the county and to obtain final approval authority for any and all purchases of easements for the farmland protection program by the board;

(b) To advise the authority concerning county priorities for agricultural protection;

(c) To promote protection of agriculture within the county by offering information and assistance to landowners with respect to the acquisition of easements;

(d) To seek and apply for all available funds from federal, state, county and private sources to accomplish the purposes of the voluntary farmland protection programs; and

(e) To perform any other duties assigned by the county commission.
W. Va. Code § 33-15E-7 — WV Code / Chapter 33 / Article 15E / Section 7
§33-15E-7. Examinations.
Status: in_force

The commissioner may examine the business and affairs of any discount medical plan organization to protect the interests of the residents of this state based on the following reasons, including complaint indices, recent complaints or information from other states, or as he or she deems necessary. An examination shall be performed in accordance with the provisions of section nine, article two of this chapter, except that a discount medical plan organization that is the subject of the examination shall pay the expenses incurred in conducting the examination. Failure by the discount medical plan organization to pay the expenses is grounds for the refusal to renew, revoke or suspend a license to operate as a discount medical plan organization.
W. Va. Code § 31-17-5 — WV Code / Chapter 31 / Article 17 / Section 5
§31-17-5. Refusal or issuance of license.
Status: in_force

(a) Upon an applicant's full compliance with the provisions of section four of this article, the commissioner shall investigate the relevant facts with regard to the applicant and his or her application for a lender's or broker's license, as the case may be. Upon the basis of the application and all other information before him or her, the commissioner shall make and enter an order denying the application and refusing the license sought if the commissioner finds that:

(1) The applicant does not have available the net worth required by the provisions of section four of this article, if applicable;

(2) The financial responsibility, character, reputation, experience or general fitness of the applicant, including its officers, directors, principals and employees, reasonably warrants the belief that the business will not be operated lawfully and properly in accordance with the provisions of this article; and

(3) The applicant has done any act or has failed or refused to perform any duty or obligation for which the license sought could be suspended or revoked were it then issued and outstanding.

Otherwise, the commissioner shall issue to the applicant a lender's or broker's license which shall entitle the applicant to engage in the business of lender or broker, as the case may be, during the period, unless sooner suspended or revoked, for which the license is issued.

(b) Every application for a lender's or broker's license shall be passed upon and the license issued or refused within sixty days after the applicant therefor has fully complied with the provisions of this article. Under no circumstances whatever may a person or licensee act as a broker and lender in the same transaction. Whenever an application for a lender's or broker's license is denied and the license sought is refused, which refusal has become final, the commissioner shall retain all fees to cover administrative costs of processing the broker or lender application.
W. Va. Code § 18B-22-4 — WV Code / Chapter 18B / Article 22 / Section 4
§18B-22-4. Limitations on the ability to earn compensation for the use of name, image, and likeness.
Status: in_force

No student-athlete may earn compensation for the use of the student-athlete’s name, image, or likeness in connection with any of the following:

(1) Alcohol and alcoholic beverages;

(2) Adult entertainment;

(3) Cannabis, cannabinoids, cannabidiol, or other derivatives, not including hemp or hemp products;

(4) Controlled substances, as defined in §60A-1-101 of this code;

(5) Performance enhancing drugs or substances such as steroids or human growth hormone;

(6) Drug paraphernalia, as defined in §47-19-3 of this code;

(7) Tobacco, tobacco products, alternative nicotine products, nicotine vapor products, and similar products and devices; or

(8) Casinos or gambling, including sports betting.
W. Va. Code § 22-1-16 — WV Code / Chapter 22 / Article 1 / Section 16
§22-1-16. Time for commencing proceedings.
Status: in_force

Notwithstanding any provision of this code to the contrary, no action, suit or proceeding for the administrative, civil or criminal enforcement of any provision of this chapter may be entertained unless commenced within three years from the date the right to bring the action, suit or proceeding has accrued. The limitation of this section applies, but is not limited to, actions, suits or proceedings for the recovery of any fine, penalty or forfeiture, pecuniary or otherwise. This section does not apply to the enforcement of any provision when the violation is part of a continuing violation and the last act of the continuing violation occurred within three years from the date of the commencement of the enforcement action.
W. Va. Code § 38-4-24 — WV Code / Chapter 38 / Article 4 / Section 24
§38-4-24. Payments on purchase money notes.
Status: in_force

All moneys paid to the officer, on any note taken under the preceding section shall be regarded as so much money received by him on the execution, order of sale, or other process under which the sale was made, and the officer shall indorse the same on the execution, order of sale or other process, whether the same has been returned or not, at the time such payment is made.
W. Va. Code § 31D-4-402 — WV Code / Chapter 31D / Article 4 / Section 402
§31D-4-402. Use of the words "corporation", "incorporated" or "limited"; prohibitions; penalties.
Status: in_force

(a) No person may use the word "corporation" or "incorporated" or any abbreviation of these words in any trade name, business or other organization name unless the name is used by a domestic or foreign corporation authorized by the Secretary of State to transact business in West Virginia under the provisions of this chapter or chapter thirty-one-e of this code.

(b) No person may use the word "limited" or any abbreviation of the word "limited" in any trade name, business or other organization name unless the name is used by a domestic or foreign corporation authorized by the Secretary of State to transact business in West Virginia under the provisions of this chapter, chapter thirty-one-b, thirty-one-e or forty-seven of this code.

(c) The Tax Commissioner may not issue any business registration certificate under the provisions of article twelve, chapter eleven of this code to any business if the business name includes any of the words or their abbreviations as set forth in subsection (a) or (b) of this section unless the business is a domestic or foreign corporation or domestic or foreign nonprofit corporation.

(d) Any person who unlawfully uses any one or more of the prescribed words or their abbreviations as set forth in subsection (a) or (b) of this section is to be deemed to be acting as a corporation without authority of law and subject to an action in quo warranto as provided in article two, chapter fifty-three of this code.

(e) Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $1,000 or confined in the county or regional jail not more than thirty days, or both.

(f) The provisions of this section do not apply to businesses in existence prior to July 1, 1988.
W. Va. Code § 11-12B-15 — WV Code / Chapter 11 / Article 12B / Section 15
§11-12B-15. General procedure and administration.
Status: in_force

Each and every provision of the "West Virginia Tax Procedure and Administration Act" set forth in article ten of this chapter, shall apply to the tax imposed by this article with like effect if said act were applicable only to the tax imposed by this article and were set forth in extenso in this article.
W. Va. Code § 11-10D-5 — WV Code / Chapter 11 / Article 10D / Section 5
§11-10D-5. Duration and application of program.
Status: in_force

The Tax Commissioner shall establish a two-month tax amnesty program to be conducted during the calendar year, 2004. The program shall apply to payments and returns required pursuant to any tax administered under article ten of this chapter, but only if the obligation for payment or filing of a return, or both, arose after January 1, 1986, and prior to January 1, 2004, provided: (1) The tax return was due before January 1, 2004; (2) the amount of tax shown to be due on the tax return was due and payable to the Tax Commissioner before January 1, 2004; or (3) if no tax return was required by law to be filed, the tax was due and payable to the Tax Commissioner before January 1, 2004.
W. Va. Code § 47-11A-3 — WV Code / Chapter 47 / Article 11A / Section 3
§47-11A-3. When rebates and special privileges prohibited; penalty.
Status: in_force

The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers purchasing upon like terms and conditions, to the injury of a competitor and where such payment or allowance tends to destroy competition, is an unfair trade practice and any person, partnership, firm, corporation, joint-stock company, or other association resorting to such trade practice shall be deemed guilty of a misdemeanor and, on conviction thereof shall be subject to the penalties set out in section eleven of this article.
W. Va. Code § 18B-12-8 — WV Code / Chapter 18B / Article 12 / Section 8
§18B-12-8. Not obligation of the state.
Status: in_force

Obligations of a corporation shall not constitute debts or obligations of a state institution of higher education, the governing board thereof or the state.
W. Va. Code § 55-2-16 — WV Code / Chapter 55 / Article 2 / Section 16
§55-2-16. Death before right to sue.
Status: in_force

If a person die before the time at which any right mentioned in this article would have accrued to him if he had continued alive, and there be an interval of more than five years between the death of such person and the qualification of his personal representative, such personal representative shall, for the purposes of this article, be deemed to have qualified on the last day of such five years.
W. Va. Code § 31E-2-205 — WV Code / Chapter 31E / Article 2 / Section 205
§31E-2-205. Bylaws.
Status: in_force

(a) The incorporators or board of directors of a corporation shall adopt initial bylaws for the corporation.

(b) The bylaws of a corporation may contain any provision for managing the business and regulating the affairs of the corporation that is not inconsistent with law or the articles of incorporation.
W. Va. Code § 17A-6A-1 — WV Code / Chapter 17A / Article 6A / Section 1
§17A-6A-1. Legislative finding.
Status: in_force

The Legislature finds and declares that the distribution and sale of motor vehicles in this state vitally affects the general economy and the public welfare and that in order to promote the public welfare and in exercise of its police power, it is necessary to regulate motor vehicle dealers, manufacturers, distributors and representatives of vehicle manufacturers and distributors doing business in this state in order to avoid undue control of the independent new motor vehicle dealer by the vehicle manufacturer or distributor and to ensure that dealers fulfill their obligations under their franchises and provide adequate and sufficient service to consumers generally, and to protect and preserve the investments and properties of the citizens and motor vehicle dealers of this state.
W. Va. Code § 62-1-5 — WV Code / Chapter 62 / Article 1 / Section 5
§62-1-5. Same -- Delivery of prisoner before magistrate; complaint for person arrested without warrant; return.
Status: in_force

(a) (1) An officer making an arrest under a warrant issued upon a complaint, or any person making an arrest without a warrant for an offense committed in his presence or as otherwise authorized by law, shall take the arrested person without unnecessary delay before a magistrate of the county where the arrest is made.

(2) If a person arrested without a warrant is brought before a magistrate, a complaint shall be filed forthwith in accordance with the requirements of rules of the Supreme Court of Appeals.

(3) An officer executing a warrant shall make return thereof to the magistrate before whom the defendant is brought.

(b)(1) Notwithstanding any other provision of this code to the contrary, if a person arrested without a warrant is brought before a magistrate prior to the filing of a complaint, a complaint shall be filed forthwith in accordance with the requirements of rules of the Supreme Court of Appeals, and the issuance of a warrant or a summons to appear is not required.

(2) When a person appears initially before a magistrate either in response to a summons or pursuant to an arrest with or without a warrant, the magistrate shall proceed in accordance with the requirements of the applicable provisions of the rules of the Supreme Court of Appeals.