FrankGoortani/open-us-law huggingface dataset:
W. Va. Code § 31E-10-1007 — WV Code / Chapter 31E / Article 10 / Section 1007
§31E-10-1007. Amendment pursuant to reorganization.
Status: in_force

(a) A corporation's articles of incorporation may be amended without action by the board of directors or the members to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute if the articles of incorporation after amendment contains only provisions required or permitted by section two hundred two, article two of this chapter.

(b) The individual or individuals designated by the court shall deliver to the Secretary of State for filing articles of amendment setting forth:

(1) The name of the corporation;

(2) The text of each amendment approved by the court;

(3) The date of the court's order or decree approving the articles of amendment;

(4) The title of the reorganization proceeding in which the order or decree was entered; and

(5) A statement that the court had jurisdiction of the proceeding under federal law.

(c) This section does not apply after entry of a final decree in the reorganization proceeding even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan.
W. Va. Code § 20-2-42O — WV Code / Chapter 20 / Article 2 / Section 42O
§20-2-42o. Class O resident and Class OO nonresident trout fishing stamp.
Status: in_force

A Class O stamp is a resident trout fishing stamp. A Class OO stamp is a nonresident trout fishing stamp. These stamps entitle the licensee to fish for trout in all counties of the state, except as prohibited by rules of the director or Natural Resources Commission. The fee for a Class O stamp is $10 and the fee for a Class OO stamp is $15. The revenue derived from the sale of these stamps shall be deposited in the State Treasury and credited to the Division of Natural Resources and shall be used and paid out, upon order of the director, for state trout program expenses. These stamps, issued in a form prescribed by the director, shall be in addition to a Class AB-L, B, B-L, F, L, LL, X, XJ or XXJ license or Class Q permit. These stamps require that the licensee purchase the appropriate base license before participating in the activities specified in this section, except as noted.
W. Va. Code § 18-11A-2 — WV Code / Chapter 18 / Article 11A / Section 2
§18-11A-2. Creation of special university capital improvements fund; revenues payable into such fund; authority of board to pledge such revenues into sinking and reserve funds.
Status: in_force

There is hereby created in the State Treasury a special nonrevolving university capital improvements fund. On and after July 1, 1957, there shall be paid into such special fund all fees collected under the provisions of section one, article one-a, chapter twenty-five of this code, from students at the university other than students in the schools of medicine, medical technology, dentistry, dental technology, nursing and pharmacy, except such fees as are required by that section to be paid into other special funds.

The board of Governors shall have authority to pledge all or such part of the revenue paid into the special university capital improvements fund as may be needed to meet the requirements of the sinking fund established in connection with any revenue bond issue authorized by this article, including a reserve fund for the payment of the principal of and interest on such revenue bond issue when other moneys in the sinking fund are insufficient therefor; and may provide in the resolution authorizing any issue of such bonds, and in any trust agreement made in connection therewith, for such priorities on the revenues paid into the special fund as may be necessary for the protection of the prior rights of the holders of bonds issued at different times under the provisions of this article.

If any balance shall remain in the special university capital improvements fund after the board has issued the maximum of $10 million worth of bonds authorized by this article, and after the requirements of all sinking funds and reserve funds established in connection with the issue of such bonds have been satisfied, such balance may and shall be used solely for the redemption of any of the outstanding bonds issued hereunder which by their terms are then redeemable, or for the purchase of bonds at the market price, but at not exceeding the price, if any, at which such bonds shall in the same year be redeemable, and all bonds redeemed or purchased shall forthwith be cancelled and shall not again be issued. Whenever all outstanding bonds issued hereunder shall have been paid, the special university capital improvements fund shall cease to exist and any balance then remaining in such fund shall be transferred to the General Revenue Fund of the state. Thereafter all fees formerly paid into such special fund shall be paid into the General Revenue Fund of the state.
W. Va. Code § 55-4-17 — WV Code / Chapter 55 / Article 4 / Section 17
§55-4-17. Verdict as to parties.
Status: in_force

If the jury be of opinion for the plaintiffs, or any of them, the verdict shall be for the plaintiffs or such of them as appear to have the right to the possession of the premises, or any part thereof, and against such of the defendants as were in possession thereof, or exercised acts of ownership thereon, or claimed title thereto or any interest therein, at the commencement of the action. Where any plaintiff appears to have no such right, the verdict as to such plaintiff shall be for the defendants. If the action be against several defendants, and a joint possession of all be proved, and the plaintiff be entitled to a verdict, it shall be against all, whether they plead separately or jointly.
W. Va. Code § 21-9-8 — WV Code / Chapter 21 / Article 9 / Section 8
§21-9-8. Maintenance and production of records and other information.
Status: in_force

Each manufacturer, dealer, distributor and contractor shall establish and maintain such records, make such reports and provide such information as the board or the secretary of HUD may reasonably require in order to be able to determine whether such manufacturer, dealer, distributor or contractor has acted or is acting in compliance with this article, the rules and regulations promulgated by the board pursuant to this article or the federal standards and shall, upon request of a person duly designated by the board or the secretary of HUD, permit such person to inspect appropriate books, papers, records and documents relevant to determining whether such manufacturer, dealer, distributor or contractor has acted or is acting in compliance with this article and the federal standards.
W. Va. Code § 48-15-204 — WV Code / Chapter 48 / Article 15 / Section 204
§48-15-204. Service of notice of action against a license.
Status: in_force

The bureau shall send a notice of action against a license by regular mail and by certified mail, return receipt requested, to the person's last-known address or place of business or employment. Simultaneous certified and regular mailing of the written notice shall constitute effective service unless the United States Postal Service returns the mail to the Bureau for Child Support enforcement within the thirty-day response period marked "moved, unable to forward," "addressee not known," "no such number/street," "insufficient address," or "forwarding order expired." If the certified mail is returned for any other reason without the return of the regular mail, the regular mail service shall constitute effective service. If the mail is addressed to the person at his or her place of business or employment, with postal instructions to deliver to addressee only, service will be deemed effective only if the signature on the return receipt appears to be that of the person. Acceptance of the certified mail notice signed by the person, the person's attorney, or a competent member of the person's household above the age of sixteen shall be deemed effective service.
W. Va. Code § 48-20-303 — WV Code / Chapter 48 / Article 20 / Section 303
§48-20-303. Duty to enforce.
Status: in_force

(a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this article and the determination has not been modified in accordance with this article.

(b) A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
W. Va. Code § 62-12-7 — WV Code / Chapter 62 / Article 12 / Section 7
§62-12-7. Pretrial and preliminary investigation; report on prospective probationers.
Status: in_force

(a) The Supreme Court of Appeals of West Virginia may adopt a standardized pretrial risk assessment for use by the Regional Jail Authority to assist magistrates and circuit courts in making pretrial decisions under article one-c of this chapter.

(b) Unless otherwise directed by the court, the probation officer shall, in the form adopted by the Supreme Court of Appeals of West Virginia, make a careful investigation of, and a written report with recommendations concerning, any prospective probationer. Insofar as practicable, this report shall include information concerning the offender's court and criminal record, occupation, family background, education, habits and associations, mental and physical condition, the names, relationship, ages and condition of those dependent upon him or her for support and any other facts that may aid the court in determining the propriety and conditions of his or her release on probation. A person convicted of a felony or of any offense described in article eight-b or eight-d, chapter sixty-one of this code against a minor child may not be released on probation until this report has been presented to and considered by the court. The court may request a report concerning any person convicted of a misdemeanor. The presentence report of any person convicted of an offense, described in said articles or section twelve, article eight of said chapter, may include a statement from a therapist, psychologist or physician who is providing treatment to the child. A copy of all reports shall be filed with the Parole Board.
W. Va. Code § 8-33-10 — WV Code / Chapter 8 / Article 33 / Section 10
§8-33-10. Sale of property by commission.
Status: in_force

In the event a majority of the governmental bodies contributing funds or property to a commission shall so direct in writing and if all indebtedness of said commission has been paid in full, the commission shall sell all or any part of its properties and assets so directed and distribute the proceeds thereof among the governmental bodies creating and establishing it in direct proportion to their contributions of funds or property to the commission.
W. Va. Code § 5B-1-1 — WV Code / Chapter 5B / Article 1 / Section 1
§5B-1-1. Department of Commerce; office of Secretary of Department of Commerce.
Status: in_force

(a) The Secretary of Commerce is the chief executive officer of the department. The Governor shall appoint the secretary, by and with the advice and consent of the Senate, for the term for which the Governor is elected. Any reference in this code to the Bureau of Commerce means the Department of Commerce. Any reference in this code to the Commissioner of the Department of Commerce means the Secretary of Commerce. As used in this article, "secretary" means the Secretary of Commerce and "department" means Department of Commerce.

(b) The department may receive federal funds.

(c) The secretary serves at the will and pleasure of the Governor. The annual salary of the secretary is as provided in §6-7-2a of this code.
W. Va. Code § 8-27A-3 — WV Code / Chapter 8 / Article 27A / Section 3
§8-27A-3. Prohibition of subsidies or incentive payments.
Status: in_force

Except as provided by section three-d, article thirteen-d, chapter eleven of this code, a political subdivision shall not enter into any program providing subsidies or incentive payments for the production of compressed natural gas, liquified natural gas, liquified petroleum gas, methanol, ethanol or coal-derived liquid fuels.
W. Va. Code § 5A-8-21 — WV Code / Chapter 5A / Article 8 / Section 21
§5A-8-21. Limitation on release of certain personal information maintained by state agencies and entities regarding state employees.
Status: in_force

(a) The following personal information maintained by executive, legislative, or judicial branch agencies of the State of West Virginia regarding persons in their capacity as state officers, employees, retirees, or the legal dependents thereof is hereby deemed to be confidential and exempt from disclosure, as an unreasonable invasion of privacy, to non-governmental entities in documents otherwise subject to disclosure under the provisions of §29B-1-1 et seq. of this code:

(1) An individual’s home address;

(2) An individual’s Social Security number;

(3) An individual’s credit or debit card numbers;

(4) An individual’s driver’s license identification number; and

(5) An individual’s marital status or former legal name.

(b) It is the policy of the State of West Virginia that the information enumerated in subsection (a) of this section is personal and confidential and should only be released to non-governmental entities for such purposes as are authorized by federal law or regulation, a provision of this code, or a legislative rule promulgated pursuant to the provisions of §29A-1-1 et seq. of this code.
W. Va. Code § 33-9-8 — WV Code / Chapter 33 / Article 9 / Section 8
§33-9-8. Release of deposits -- Order of commissioner required.
Status: in_force

No such release of deposited funds shall be made except upon application to and written order of the commissioner. The commissioner shall have no personal liability for any such release of any such deposit or part thereof so made by him in good faith.
W. Va. Code § 21-14-7 — WV Code / Chapter 21 / Article 14 / Section 7
§21-14-7. Penalties.
Status: in_force

(a) On and after January 1, 2009, a person performing or offering to perform plumbing work without a license issued by the Commissioner of Labor, is subject to a cease and desist order.

(b) Any person continuing to engage in plumbing work after the issuance of a cease and desist order is subject to the following penalties:

(1) For the first offense, a fine of not less than $200 nor more than $1,000;

(2) For the second offense, a fine of not less than $500 nor more than $2,000; and

(3) For the third and subsequent offenses, a fine of not less than $1,000 nor more than $5,000.

(c) A separate offense means each day, after official notice is given, that a person performs plumbing work that is unlawful or is not in compliance with the provisions of this article.

(d) The Commissioner of Labor may institute proceedings in the circuit court of the county where the alleged violation of the provisions of this article occurred or is occurring to enjoin any violation of any provision of this article. A circuit court by injunction may compel compliance with the provisions of this article, with the lawful orders of the Commissioner of Labor, and with any final decision of the Commissioner of Labor. The Commissioner of Labor shall be represented in all such proceedings by the Attorney General or his or her assistants.

(e) Any person adversely affected by an action of the Commissioner of Labor may appeal the action pursuant to the provisions of chapter 29A of this code.
W. Va. Code § 5E-1-10 — WV Code / Chapter 5E / Article 1 / Section 10
§5E-1-10. Application requirements.
Status: in_force

(a) Each company shall make application to the authority on forms provided by the authority, which shall set forth:

(1) The capitalization level of capital company;

(2) The purpose of the company;

(3) The names of investors;

(4) A process for disclosing to investors the tax credit available pursuant to this article. The disclosure shall clearly set forth that no tax credit will be available until the qualification of the company is granted by the authority and the disclosure of immunity of the state for damages is provided to the investors;

(5) The location of the escrow account, if applicable, which has been established for investors for the period of time between the investment and the qualification of the capital company by the authority;

(6) If applicable, evidence that the company is licensed as a small business investment company; and

(7) That the capital company will diligently seek to obtain and thereafter diligently seek to invest leverage available to the small business investment companies.

(b) An applicant submitting an application pursuant to this section shall continually supplement the application if any material fact contained in the application changes. The authority shall determine if the change constitutes an amendment requiring the consent of the authority pursuant to subdivision (c) of this section.

(c) An applicant may not amend an application submitted pursuant to this section without the written consent of the authority for good cause shown.
W. Va. Code § 18A-2-13 — WV Code / Chapter 18A / Article 2 / Section 13
§18A-2-13. Recommended guidelines for full-day and half-day cooks.
Status: in_force

The following guidelines are optional guidelines that county boards may use when scheduling full-day and half-day cooks:

Number of Number of Average Number of

Meals Cooks Meals Served Per

Cook's Hours Worked

1-90 1 12.00

91-135 1.5 12.00

136-180 2 12.00

181-225 2.5 12.00

226-270 3 12.00

271-315 3.5 12.00

316-360 4 12.00

361-405 4.5 12.00

406-450 5 12.00

451-495 5.5 12.00

496-540 6 12.00

541-585 6.5 12.00

586-630 7 12.00

631-675 7.5 12.00

676-720 8 12.00

721-765 8.5 12.00

766-810 9 12.00

811-855 9.5 12.00

856-900 10 12.00

A meal prepared for a school lunch shall be established as a whole meal. Other meals shall be equal to three fourths of a school lunch meal.
W. Va. Code § 11-15-6 — WV Code / Chapter 11 / Article 15 / Section 6
§11-15-6. Vendor must show sale or service exempt; presumption.
Status: in_force

(a) The burden of proving that a sale or service was exempt from the tax shall be upon the vendor, unless the vendor takes from the purchaser an exemption certificate signed by and bearing the address of the purchaser and setting forth the reason for the exemption and substantially in the form prescribed by the Tax Commissioner.

(b) To prevent evasion, it is presumed that all sales and services are subject to the tax until the contrary is clearly established.
W. Va. Code § 31-18-26 — WV Code / Chapter 31 / Article 18 / Section 26
§31-18-26. Projects not to be deemed public improvements.
Status: in_force

No project or business facility acquired, constructed, maintained, or financed in whole or in part by the Housing Development Fund shall be deemed to be a "public improvement" within the meaning of the provisions of article five-a, chapter twenty-one of this code, as a result of such financing.
W. Va. Code § 61-8B-3 — WV Code / Chapter 61 / Article 8B / Section 3
§61-8B-3. Sexual assault in the first degree.
Status: in_force

(a) A person is guilty of sexual assault in the first degree when:

(1) The person engages in sexual intercourse or sexual intrusion with another person and, in so doing:

(A) Inflicts serious bodily injury upon anyone;

(ii) (B) Employs a deadly weapon in the commission of the act.

(2) The person, being 14 years old or more, engages in sexual intercourse or sexual intrusion with another person who is younger than 12 years old.

(b) Any person violating the provisions of this section is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $10,000 and imprisoned in a state correctional facility not less than 15 nor more than 35 years.

(c) Notwithstanding the provisions of subsection (b) of this section, the penalty for any person violating the provisions of subsection (a) of this section who is 18 years of age or older and whose victim is younger than 12 years of age, shall be imprisonment in a state correctional facility for not less than 25 nor more than 100 years and a fine of not less than $5,000 nor more than $25,000.
W. Va. Code § 16-34-8 — WV Code / Chapter 16 / Article 34 / Section 8
§16-34-8. Licensed tester, mitigator and contractor list.
Status: in_force

The director shall maintain a list of all licensed radon testers, mitigation specialists, mitigation contractors and radon laboratories located in the state. On request, the director shall provide a copy of all or part of the list to any individual, business entity or government entity. The director shall not impose a charge for providing the copy that exceeds the actual and necessary expense of copying it.
W. Va. Code § 17-2A-15 — WV Code / Chapter 17 / Article 2A / Section 15
§17-2A-15. Other code provisions relating to purchasing not controlling; exceptions.
Status: in_force

(a) The provisions of §5A-3-1 et seq . of this code shall not control or govern the purchase, acquisition, or disposition of any equipment, materials, or supplies by the commissioner, except as provided in §17-2A-13 and §17-2A-14 of this code. The commissioner may, in his or her discretion, resort to applicable provisions of §5A-3-1 et seq . of this code and to rules and practices of the Purchasing Division within the Department of Administration in purchasing, acquiring, or disposing of equipment, supplies, and materials.

(b) The commissioner may accept ownership of equipment if the equipment has been rented or leased by the division, maintained by the division, and the equipment vendor voluntarily relinquishes ownership of the equipment to the division. Any equipment acquired pursuant to this subsection shall be included in the division’s inventory and the division’s equipment and vehicle reports. Prior to any termination of a rental or lease agreement with an assumption of ownership of equipment, the commissioner shall notify the Director of the Purchasing Division within the Department of Administration.
W. Va. Code § 48-12-112 — WV Code / Chapter 48 / Article 12 / Section 112
§48-12-112. Employer's duties where court-ordered coverage available.
Status: in_force

(a) Where a parent is required by a court or administrative order to provide health coverage, which is available through an employer doing business in this state, the employer is required:

(1) To permit the parent to enroll under family coverage any child who is otherwise eligible for coverage without regard to any enrollment season restrictions;

(2) If the parent is enrolled but fails to make application to obtain coverage of the child, to enroll the child under family coverage upon application by the child's other parent, by the state agency administering the Medicaid program or by the Bureau for Child Support enforcement;

(3) Not to disenroll or eliminate coverage of the child unless the employer is provided satisfactory written evidence that:

(A) The court or administrative order is no longer in effect;

(B) The child is or will be enrolled in comparable coverage which will take effect no later than the effective date of disenrollment; or

(C) The employer eliminated family health coverage for all of its employees; and

(4) To withhold from the employee's compensation the employee's share, if any, of premiums for health coverage and to pay this amount to the insurer: Provided, That the amount so withheld may not exceed the maximum amount permitted to be withheld under 15 U.S.C. §1673, Section 303(b) of the consumer credit protection act.
W. Va. Code § 1-4-3 — WV Code / Chapter 1 / Article 4 / Section 3
§1-4-3. Provisions of article to control and supersede statutory and charter law.
Status: in_force

The provisions of this article shall control and be supreme in the event it shall be employed notwithstanding any statutory, charter or ordinance provision to the contrary or in conflict herewith.