FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 21-1-1 — WV Code / Chapter 21 / Article 1 / Section 1
§21-1-1. Creation, control and management of department.
Status: in_force

There shall be a state department of labor, which shall be under the control and management of a state commissioner of labor.
W. Va. Code § 47B-11-1 — WV Code / Chapter 47B / Article 11 / Section 1
§47B-11-1. Uniformity of application and construction.
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
W. Va. Code § 18-30-8 — WV Code / Chapter 18 / Article 30 / Section 8
§18-30-8. The College and Jumpstart Savings Administrative Account.
Status: in_force

(a) There is hereby continued a separate special revenue account within the State Treasury titled the “college prepaid tuition and savings program administrating account”, which shall hereafter be known as the College and Jumpstart Savings Administrative Account. The board shall administer and make expenditures from the account for the purposes of implementing, operating, and maintaining the trust funds, the program created by this article, and the program created by §18-30A-1 et seq . of this code.

(b) The administrative account shall receive all fees, charges, and penalties collected by the board. Expenditures from the fund are authorized from collections. Any balance, including accrued interest and other returns, remaining in the fund at the end of each fiscal year shall not revert to the General Revenue Fund but shall remain in the fund to be expended as authorized by this section.
W. Va. Code § 46-7-702 — WV Code / Chapter 46 / Article 7 / Section 702
§46-7-702. Savings clause.
Status: repealed

A document of title issued or a bailment that arises before the effective date of this article and the rights, obligations, and interests flowing from that document or bailment are governed by any statute or other rule amended or repealed by this article as if amendment or repeal had not occurred and may be terminated, completed, consummated, or enforced under that statute or other rule.
W. Va. Code § 55-8-16 — WV Code / Chapter 55 / Article 8 / Section 16
§55-8-16. Choice of law in product liability actions.
Status: in_force

(a) It is public policy of this state that, in determining the law applicable to a product liability claim brought by a nonresident of this state against the manufacturer or distributor of a prescription drug or other product, all liability claims at issue shall be governed solely by the product liability law of the place of injury ("lex loci delicti").

(b) The amendments to this section enacted in 2015 shall be applicable prospectively to all civil actions commenced on or after July 1, 2015.
W. Va. Code § 31-15A-17C — WV Code / Chapter 31 / Article 15A / Section 17C
§31-15A-17c. Critical Needs and Failing Systems Sub Account.
Status: in_force

Notwithstanding any provision of this article to the contrary:

(a) The Water Development Authority shall establish a separate and segregated sub account in the Infrastructure Fund designated the Critical Needs and Failing Systems Sub Account into which the council may instruct the Water Development Authority to transfer from the uncommitted loan balances on June 30 each year, up to $12 million.

(b) The council shall direct the Water Development Authority to make loans or grants from the Critical Needs and Failing Systems Sub Account when the council determines that a project will address a critical immediate need by:

(1) The continuation of water or wastewater services;

(2) Addressing water facility or wastewater facility failure due to the age of the facility or facilities; or

(3) Providing extensions to a water facility or wastewater facility that will add customers with a total project cost of less than $2 million: Provided , That a person or governmental agency, as those terms are defined in §31-15A-2 of this code, shall pay any overage not to exceed 10 percent of the total project cost.

(c) Grant limitations and allocations contained in §31-15A-10(b) and §31-15A-10(c) of this code do not apply to grants made from the Critical Needs and Failing Systems Sub Account.
W. Va. Code § 48-16-203 — WV Code / Chapter 48 / Article 16 / Section 203
§48-16-203. Initiating and responding tribunal of state.
Status: in_force

Under this article, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
W. Va. Code § 17B-1D-5 — WV Code / Chapter 17B / Article 1D / Section 5
§17B-1D-5. Program implementation.
Status: in_force

The division may enter into contracts with either public or private organizations for technical assistance in conducting rider and instructor training courses, if the courses are administered and taught according to standards established by the division. An organization conducting such courses may charge a reasonable tuition fee. The division shall determine the maximum tuition fee an organization may charge.
W. Va. Code § 17-16F-10A — WV Code / Chapter 17 / Article 16F / Section 10A
§17-16F-10a. Authorization to create a local port authority district.
Status: in_force

A political subdivision of this state, a joint venture of two or more political subdivisions, a joint venture of political subdivisions and a private entity or entities, or a joint venture of political subdivisions and any bordering state may create a local port authority district in accordance with the procedure set forth in §17-16F-10b of this of this code.
W. Va. Code § 24D-2-10 — WV Code / Chapter 24D / Article 2 / Section 10
§24D-2-10. Exception.
Status: in_force

Notwithstanding any provision in this article to the contrary, a landlord and cable operator may by mutual agreement establish the terms and conditions upon which cable television facilities are to be installed within a multiple dwelling premises without having to comply with the provisions of this article.
W. Va. Code § 55-7-9 — WV Code / Chapter 55 / Article 7 / Section 9
§55-7-9. Violation of statutes.
Status: in_force

Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty or forfeiture for such violation be thereby imposed, unless the same be expressly mentioned to be in lieu of such damages.
W. Va. Code § 36-7-8 — WV Code / Chapter 36 / Article 7 / Section 8
§36-7-8. Receipt for custodial property.
Status: in_force

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this article.
W. Va. Code § 16-5S-1 — WV Code / Chapter 16 / Article 5S / Section 1
§16-5S-1. Short title.
Status: in_force

This article may be cited as the "Older West Virginians Act of 2000."
W. Va. Code § 58-5-4 — WV Code / Chapter 58 / Article 5 / Section 4
§58-5-4. Time for appeal.
Status: in_force

The time for filing a notice of appeal, perfecting an appeal, and filing related documents with the Intermediate Court of Appeals and the Supreme Court of Appeals shall be in accordance with rules promulgated by the Supreme Court of Appeals.
W. Va. Code § 8-29A-6 — WV Code / Chapter 8 / Article 29A / Section 6
§8-29A-6. Authority may incur indebtedness; county not liable for indebtedness.
Status: in_force

The authority may incur any proper indebtedness and issue any obligations and give any security therefor which it may deem necessary or advisable in connection with carrying out its purposes. No statutory limitation with respect to the nature or amount of indebtedness which may be incurred by municipalities or other bodies shall apply to indebtedness of the authority. No indebtedness of any nature of the authority shall constitute an indebtedness of the county commission, nor of the county, or a charge against any property of the county. No obligation incurred by the authority shall give any right against any member of the county commission or any member of the board of the authority. The rights of creditors of the authority shall be solely against the authority as a corporate body and shall be satisfied only out of property held by it in its corporate capacity.
W. Va. Code § 53-5-2 — WV Code / Chapter 53 / Article 5 / Section 2
§53-5-2. Forthcoming bond may be required where removal of property from state enjoined.
Status: in_force

A court or judge awarding an injunction to restrain the removal of property out of the state may require bond to be given before such officer and in such penalty as it may direct, conditioned to have the property forthcoming to abide the future order or decree of the court, and, unless such bond be given, may order the officer serving its process to take possession of the property and keep it until the bond be given, or until the further order of the court.
W. Va. Code § 18-7A-26J — WV Code / Chapter 18 / Article 7A / Section 26J
§18-7A-26j. Supplemental benefits for certain teachers who retired prior to July 1, 1981.
Status: in_force

As an additional supplement to other retirement allowances provided, each annuitant whose annuity was approved by the retirement board prior to July 1, 1981, and such annuitant is not receiving supplemental benefits pursuant to section twenty-six-i of this article, shall receive a monthly amount equal to $1.25 multiplied by his or her total service credit.
W. Va. Code § 37-2B-8 — WV Code / Chapter 37 / Article 2B / Section 8
§37-2B-8. Purpose of article; power and jurisdiction of courts; state as party to suits.
Status: in_force

This article is to provide for clarification of land titles and for establishment of a sound system of property law and of taxation, and the courts of this state which have equitable jurisdiction are hereby vested with authority, power and jurisdiction to entertain, hear and decide suits on behalf of any person whose property or title may be affected by a former exemption from taxation for religious, charitable or educational purposes; and to make and render such decisions, orders and decrees as will give equitable justice to the persons involved. Whenever it appears that the state or any of its subdivisions has any interest in any of such proceedings any person or the court shall have the right to make the state, its subdivisions, or proper officials a party or parties plaintiff thereto and shall cause the Attorney General of the State of West Virginia to be notified thereof. Such courts shall have the right to try title and render decisions as may be necessary and proper, based upon the tax status of different claims without regard to proof of chain of title for a period longer than is necessary to establish a tax claim better than that of any other party. No decision, order or opinion rendered by any court under this article shall establish precedent or be regarded as stare decisis as to any other case.
W. Va. Code § 46-4-302 — WV Code / Chapter 46 / Article 4 / Section 302
§46-4-302. Payor bank's responsibility for late return of item.
Status: in_force

(a) If an item is presented to and received by a payor bank, the bank is accountable for the amount of:

(1) A demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or

(2) Any other properly payable item unless within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.

(b) The liability of a payor bank to pay an item pursuant to subsection (a) is subject to defenses based on breach of a presentment warranty (section 4-208) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.
W. Va. Code § 29-22B-317 — WV Code / Chapter 29 / Article 22B / Section 317
§29-22B-317. Lottery defined.
Status: in_force

"Lottery" means the public gaming systems or games regulated, controlled, owned and operated by the state Lottery Commission as provided in this article and in articles 29-22-1, et seq., 29-22A-1, et seq., and article 29-25-1, et seq.
W. Va. Code § 16-9D-7 — WV Code / Chapter 16 / Article 9D / Section 7
§16-9D-7. Electronic filing of quarterly reports.
Status: in_force

(a) Electronic filing required. -- After September 1, 2003, the quarterly reports required by section six of this article from distributors and stamping agents shall be electronically filed with the Tax Commissioner.

(b) "Filed electronically" defined. -- For purposes of this section, "filing electronically" means the filing of a report or other document by any electronic medium acceptable to the Tax Commissioner including, but not limited to, the filing of reports and other documents by electronic data interchange, or by use of the Internet for web-based filing or other technology specified by the Tax Commissioner by a procedural rule promulgated as provided in article three, chapter twenty-nine-a of this code.

(c) Signature requirements. -- The signature requirement for all reports required to be filed under this article will be met if the submission is made pursuant to the Tax Commissioner's procedural rule.

(d) Standards. -- The Tax Commissioner shall give due regard to developing uniform standards for formats as adopted by the American National Standards Institute for encryption and filer authentication to ensure that the report information is kept confidential.
W. Va. Code § 20-7-1F — WV Code / Chapter 20 / Article 7 / Section 1F
§20-7-1f. Awarding service weapon to special natural resources police officers upon retirement; disposal of service weapon when replaced due to routine wear; furnishing uniform for burial.
Status: in_force

(a) Upon the retirement of any special natural resources police officer selected and appointed pursuant to §20-7-1 of this code, the chief of the officer’s section shall award to the retiring special natural resources police officer his or her service weapon, without charge, upon determining:

(1) That the special natural resources police officer is retiring honorably with at least 25 years of recognized special law enforcement service as determined by the chief natural resources police officer; or

(2) That the special natural resources police officer is retiring with less than 25 years of service based upon a determination that he or she is totally physically disabled as a result of service with the division.

(b) Notwithstanding the provisions of §20-7-1f(a) of this code, the section chief may not award a service weapon to any special natural resources police officer who has been declared mentally incompetent by a licensed physician or any court of law, or who, in the opinion of the chief natural resources police officer constitutes a danger to any person or the community.

(c) Upon the death of any current or honorably retired special natural resources police officer, the respective chief shall, upon request of the deceased officer’s family, furnish a full uniform for burial of the deceased officer.

(d) The disposal of special natural resources police officer service weapons, when replaced due to routine wear, does not fall under the jurisdiction of the agency for surplus property, within the Division of Purchasing of the Department of Administration. The chief of the section of Parks and Recreation and the chief of the Wildlife Resources Section of the Division of Natural Resources may offer these surplus weapons for sale to any active or retired special natural resources police officer, at fair market value, with the proceeds from any sales used to offset the cost of the new weapon.

(e) Notwithstanding the foregoing, this section does not apply to weapons obtained through the federal donation program operated by the West Virginia State Agency for Surplus Property.
W. Va. Code § 48-12-111 — WV Code / Chapter 48 / Article 12 / Section 111
§48-12-111. Employer's duties upon service of national medical support notice; notice from another state.
Status: in_force

(a) Upon service of the national medical support notice requiring insurance coverage for the children, the employer, multiemployer trust or union shall enroll the child as a beneficiary in the group insurance plan and withhold any required premium from the obligated parent's income or wages, unless the child is already enrolled in this plan.

(b) If more than one plan is offered by the employer, multiemployer trust or union, the child shall be enrolled in the same plan as the obligated parent. If the obligated parent is not enrolled for insurance coverage, the employer shall promptly report the availability of plans to the IV-D agency. The IV-D agency, in consultation with parent, shall promptly select the most appropriate plan, considering both the health needs of the child and the cost to the parents, and shall notify the plan administrator and the parties of the selection.

(c) Insurance coverage for the child which is ordered pursuant to the provisions of this section shall not be terminated except as provided in section one hundred fifteen of this article.

(d) A medical support notice issued by the appropriate IV-D agency of another state may be sent directly to an employer in this state without the necessity of first filing a petition or similar pleading or registering the order with the IV-D agency of this state. The medical support notice shall have the same force and effect as if the notice had been issued by the IV-D agency of this state. Upon receipt of a medical support notice from the IV-D agency of another state, the employer shall immediately provide a copy of the notice to the obligor.
W. Va. Code § 6-6-1 — WV Code / Chapter 6 / Article 6 / Section 1
§6-6-1. Definitions.
Status: in_force

(a) The term “official misconduct”, as used in this article, means conviction of a felony during the officer’s present term of office or any willful unlawful behavior by a public officer in the course of his or her performance of the duties of the public office.

(b) The term “neglect of duty”, as used in this article, means the knowing refusal or willful failure of a public officer to perform an essential act or duty of the office required by law.

(c) The term “incompetence”, as used in this article, may include the following acts or adjudications committed or arising during the challenged officer’s term of office: The waste or misappropriation of public funds by any officer when the officer knew, or should have known, that such use of funds was inappropriate or inconsistent with the lawful duties of the office; conviction of a misdemeanor involving dishonesty or gross immorality, having been the subject of a determination of incapacity, as defined and governed by section seven, article thirty, chapter sixteen of this code; or other conduct affecting the officer’s ability to perform the essential official duties of his or her office including but not limited to habitual drunkenness or addiction to the use of narcotic drugs.

(d) The term “qualified petitioner”, as used in this article, means a person who was registered to vote in the election in which the officer was chosen which next preceded the filing of the petition.
W. Va. Code § 62-6-7 — WV Code / Chapter 62 / Article 6 / Section 7
§62-6-7. 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 § 14-1-10 — WV Code / Chapter 14 / Article 1 / Section 10
§14-1-10. Sale of real estate under execution -- Terms of sale.
Status: in_force

The sale shall be upon six months' credit; and, if the land be not purchased for the state, the officer shall take the note of the purchaser with sureties for the payment of the purchase money to the state. Every such note shall mention on what occasion the same was taken and shall be returned to the office of the court from which the execution issued, and the clerk shall indorse thereon the date of its return. The officer and his sureties shall be liable to the state if insufficient security be taken on such bond.
W. Va. Code § 44-5B-9 — WV Code / Chapter 44 / Article 5B / Section 9
§44-5B-9. Disclosure of content of electronic communications of principal.
Status: in_force

To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:

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

(b) An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;

(c) A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and

(d) If requested by the custodian:

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

(2) Evidence linking the account to the principal.
W. Va. Code § 16-13D-7 — WV Code / Chapter 16 / Article 13D / Section 7
§16-13D-7. Meetings of governing body; annual audit.
Status: in_force

The governing body of the authority shall meet as often as the needs of the authority require; but not less frequently than on a quarterly basis. The governing body shall cause to be made an annual audit of the financial records of the authority, the cost of said audit to be paid by the authority.
W. Va. Code § 35A-1-5 — WV Code / Chapter 35A / Article 1 / Section 5
§35A-1-5. Certificate of registration.
Status: in_force

Upon granting registration as aforesaid, the Secretary of State shall issue his certificate to the petitioners, setting forth the fact of such registration.