reglab/housing_qa huggingface dataset:
WV Code § 47-23-11 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 23. Charitable Raffle Boards and Games|§47-23-11. Administration; Rulemaking; Required Verification

(a) The commissioner shall propose for promulgation, rules to administer the provisions of this article in accordance with the provisions of chapter twenty-nine-a of this code: Provided, That the initial promulgation of rules to administer the provisions of this article shall be by emergency rule. Additionally, the commissioner shall promulgate a rule which requires that every charitable raffle board or game shall each bear verification, as defined by section two of this article, printed by a manufacturer on each ticket in a game unless, upon application by the taxpayer showing undue hardship, the Tax Commissioner consents to waive this requirement in favor of some other form of verification.(b) The commissioner shall deny an application for a license if he or she finds that the issuance thereof would be in violation of the provisions of this article.(c) The commissioner may suspend, revoke or refuse to renew any license issued hereunder for a material failure to maintain the records or file the reports required by this article or administrative rule if the commissioner finds that said failure will substantially impair the commissioner's ability to administer the provisions of this article with regard to said licensee.(d) The burden of proof in any administrative or court proceeding is on the applicant to show cause why a charitable raffle boards or games wholesaler's or distributor's license should be issued or renewed and on the licensee to show cause why its license should not be revoked or suspended.
WV Code § 47-23-12 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 23. Charitable Raffle Boards and Games|§47-23-12. Severability

If any provision of this article or the application thereof shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of said article, but shall be confined in its operation to the provision thereof directly involved in the controversy in which such judgment shall have been rendered and the applicability of such provision to other persons or circumstances shall not be affected thereby.
WV Code § 47-23-13 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 23. Charitable Raffle Boards and Games|§47-23-13. General Procedure and Administration

Each and every provision of the "West Virginia Tax Procedure and Administration Act" set forth in article ten, chapter eleven of this code shall apply to the fees imposed by this article with like effect as if said act were applicable only to the fees imposed by this article and were set forth in extenso in this article.
WV Code § 47-23-14 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 23. Charitable Raffle Boards and Games|§47-23-14. Effective Date of Article

The provisions of this article enacted in the year 1993 shall be effective on and after July 9, 1993.
WV Code § 47-24-1 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 24. The Reverse Mortgage Enabling Act|§47-24-1. Short Title

The article may be cited as the "Reverse Mortgage Enabling Act."
WV Code § 47-24-2 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 24. The Reverse Mortgage Enabling Act|§47-24-2. Statement of Purpose

It is the intent of this legislation that elderly homeowners be permitted to meet their financial needs by accessing the equity in their homes through a reverse mortgage.The Legislature recognizes that many restrictions and requirements that exist to govern traditional mortgage transactions are inapplicable in the context of reverse mortgages.In order to foster reverse mortgage transactions and better serve the elderly citizens of this state, the Legislature authorizes the making of reverse mortgages, and expressly relieves reverse mortgage lenders and borrowers from compliance with inappropriate requirements.
WV Code § 47-24-3 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 24. The Reverse Mortgage Enabling Act|§47-24-3. Definition

Reverse mortgage means a nonrecourse loan secured by real property which:(1) Provides cash advances to a borrower based on the equity in a borrower's owner-occupied principal residence;(2) Requires no payment of principal or interest until the entire loan becomes due and payable; and(3) Is made by any lender authorized to engage in business as a bank, savings institution, or credit union under the laws of this state or any other lender, other than an industrial loan company, affiliated with a federally-insured depository institution in this state, and licensed as a financial institution pursuant to chapter thirty-one-a of this code.
WV Code § 47-24-4 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 24. The Reverse Mortgage Enabling Act|§47-24-4. General Rules for Reverse Mortgages

Reverse mortgage loans shall be governed by the following rules, without regard to the requirements set out elsewhere for other types of mortgage transactions:(a) Interest. A reverse mortgage may provide for an interest rate which is fixed or adjustable, and may also provide for interest that is contingent on appreciation in the value of the property, including appreciation or shared equity.(b) Intervening liens. All advances made under a reverse mortgage and all interest on such advances shall have priority over any lien filed after the closing of a reverse mortgage.(c) Lender default. Lenders failing to make loan advances as required in the loan documents, and failing to cure such default as required in the loan documents, shall forfeit any right to collect interest. Lenders may also be subject to the penalty provisions set forth in chapter thirty-one-a of this code.(d) Mortgage recordation tax. The recordation tax on reverse mortgages shall not exceed the actual cost of recording the mortgage.(e) Periodic advances. If a reverse mortgage provides for periodic advances to a borrower, such advances shall not be reduced in amount or number based on any adjustment in the interest rate.(f) Prepayment. Payment, in whole or in part, shall be permitted without penalty at any time during the period of the loan.(g) Repayment.(1) The mortgage may become due and payable upon the occurrence of any one of the following events:(A) The title to the home securing the loan is sold or otherwise transferred;(B) All borrowers cease occupying the home as a principal residence, subject to the additional conditions set forth in paragraph (A) and (B), subdivision (2), subsection (g) of this section;(C) Any fixed maturity date agreed to by the lender and the borrower is reached; or(D) An event occurs which is specified in the loan documents and which jeopardizes the lender's security.(2) The repayment requirement is also expressly subject to the following additional conditions:(A) Temporary absences from the home not exceeding sixty consecutive days shall not cause the mortgage to become due and payable;(B) Temporary absences from the home exceeding sixty consecutive days but less than one year shall not cause the mortgage to become due and payable so long as the borrower has taken prior action which secures the home in a manner satisfactory to the lender;(C) The lender's right to collect reverse mortgage proceeds shall be subject to the applicable statute of limitations for loan contracts in section six, article two, chapter fifty-five. Notwithstanding section six, the statute of limitations shall commence on the date that the mortgage becomes due and payable;(D) The lender must prominently disclose in the loan document any interest or other fees to be charged during the period that commences on the date that the mortgage becomes due and payable, and ends when repayment in full is made.
WV Code § 47-24-5 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 24. The Reverse Mortgage Enabling Act|§47-24-5. Inapplicability of Related Statutes and Law

Reverse mortgage loans may be made or acquired without regard to the following statutory provisions or relevant interpretation of law: (a) Limitations on the purpose and use of future advances or any other mortgage proceeds;(b) Limitations on future advances to a term of years, or limitations on the term of credit line advances;(c) Limitations on the term during which future advances take priority over intervening advances;(d) Requirements that a maximum mortgage amount be stated in the mortgage;(e) Limitations on loan-to-value ratios;(f) Prohibitions on balloon payments;(g) Prohibitions on compounded interest and interest on interest;(h) Interest rate limits under the usury statutes; (i) Requirements that a percentage of the loan proceeds must be advanced prior to loan assignment; and(j) Limitations on ongoing administrative and servicing fees.
WV Code § 47-24-6 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 24. The Reverse Mortgage Enabling Act|§47-24-6. Treatment of Reverse Mortgage Loan Proceeds by Public Benefit Programs

Notwithstanding any law relating to payments, allowances, benefits or service provided on a means-tested basis, including, but not limited to, supplemental security income, low-income energy assistance, property tax relief, medical assistance and general assistance:(a) Reverse mortgage loan payments made to a borrower shall be treated as proceeds from a loan and not as income for the purpose of determining eligibility and benefits under means tested programs of aid to individuals.(b) Undisbursed funds shall be treated as equity in a borrower's home and not as proceeds from a loan for the purpose of determining eligibility and benefits under means-tested programs of aid to individuals.
WV Code § 47-24-7 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 24. The Reverse Mortgage Enabling Act|§47-24-7. Consumer Information and Counseling

(a) No reverse mortgage commitment shall be made by a lender unless the loan applicant attests, in writing that the applicant received from the lender at time of initial inquiry a statement prepared by the commissioner of banking, in consultation with the board of the West Virginia Housing Development Fund, regarding the advisability and availability of independent information and counseling services on reverse mortgages.(b) The commissioner of banking, in conjunction with the West Virginia Housing Development Fund, shall be responsible for:(1) Providing independent consumer information on reverse mortgages and alternatives; and(2) Referring consumers to independent counseling services with expertise in reverse mortgages.
WV Code § 47-24-8 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 24. The Reverse Mortgage Enabling Act|§47-24-8. Regulatory Authority and Exemptions

(a) All reverse mortgage loans subject to this article shall be under the jurisdiction and supervision of the commissioner of banking, and subject to the regulatory authority and penalties set forth in chapter thirty-one-a of this code.(b) The commissioner of banking shall have the authority to promulgate rules in order to affect compliance with the provisions of this article.(c) Persons making reverse mortgage loans through a program authorized by and under the supervision of a federal governmental agency or through a federally sponsored mortgage enterprise are exempt from the provisions of this article, and may make reverse mortgages notwithstanding any provisions to the contrary in this code: Provided, That such loans are sold to those agencies or enterprises within forty-five days of loan closing and that the commissioner of banking certifies that the program provides consumers with protections against abusive practices. Loans under this subsection may, like other reverse mortgage loans, also be made or acquired without regard to relevant interpretations of law to the same extent as provided in section five of this article.
WV Code § 47-25-1 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 25. Reduced Cigarette Ignition Propensity|§47-25-1. Short Title

This article shall be known and may be cited as the Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act.
WV Code § 47-25-2 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 25. Reduced Cigarette Ignition Propensity|§47-25-2. Definitions

(a) "Agent" means any person authorized by the State Tax Commissioner to purchase and affix stamps on packages of cigarettes.(b) "Cigarette" means:(1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; and(2) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described in this subsection.(c) "Manufacturer" means:(1) Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer;(2) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or(3) Any entity that becomes a successor of an entity described in subdivision (1) or (2) of this subsection.(d) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors and equipment- related problems do not affect the results of the testing. The program shall ensure that the testing repeatability remains within the required repeatability values stated in subdivision (6), subsection (a), section three of this article for all test trials used to certify cigarettes in accordance with this article.(e) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time.(f) "Retail dealer" has the same meaning as in section two, article seventeen, chapter eleven of this code.(g) "Sale" has the same meaning as in section two, article seventeen, chapter eleven of this code.(h) "Wholesale dealer" means any person other than a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale and any person who owns, operates or maintains one or more cigarette or tobacco product vending machines in, at or upon premises owned or occupied by any other person.
WV Code § 47-25-5 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 25. Reduced Cigarette Ignition Propensity|§47-25-5. Marking of Cigarette Packaging

(a) Cigarettes that are certified by a manufacturer in accordance with section four of this article shall be marked to indicate compliance with the requirements of section three of this article. The marking shall be in eight-point type or larger and consist of:(1) Modification of the product UPC code to include a visible mark printed at or around the area of the UPC code. The mark may consist of alphanumeric or symbolic characters permanently stamped, engraved, embossed or printed in conjunction with the UPC;(2) Any visible combination of alphanumeric or symbolic characters permanently stamped, engraved or embossed upon the cigarette package or cellophane wrap; or(3) Printed, stamped, engraved or embossed text that indicates that the cigarettes meet the standards of this article.(b) A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including, but not limited to, packs, cartons and cases, and brands marketed by that manufacturer.(c) The State Tax Commissioner shall be notified as to the marking that is selected.(d) Prior to the certification of any cigarette, a manufacturer shall submit its proposed marking to the State Tax Commissioner for approval. Upon receipt of the request, the State Tax Commissioner shall approve or disapprove the marking offered, except that the State Tax Commissioner shall approve:(1) Any marking in use and approved for sale in another state; or(2) The letters "FSC", which signifies fire standards compliant, appearing in eight-point type or larger and permanently printed, stamped, engraved or embossed on the package at or near the UPC code.(e) A manufacturer shall not modify its approved marking unless the modification has been approved by the State Tax Commissioner in accordance with this section.(f) Manufacturers certifying cigarettes in accordance with section four of this article shall provide a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes and shall also provide sufficient copies of an illustration of the package marking used by the manufacturer pursuant to this section for each retail dealer to which the wholesale dealers or agents sell cigarettes. Wholesale dealers and agents shall provide a copy of these package markings received from manufacturers to all retail dealers to which they sell cigarettes. Wholesale dealers, agents and retail dealers shall permit the State Tax Commissioner and its agents to inspect markings of cigarette packaging marked in accordance with this section.
WV Code § 47-25-6 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 25. Reduced Cigarette Ignition Propensity|§47-25-6. Penalties

(a) A manufacturer, wholesale dealer, agent or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of section three of this article, is subject to a civil penalty not to exceed $100 for each pack of the cigarettes sold or offered for sale: Provided, That in no case shall the penalty against that person or entity exceed $100,000 during any thirty-day period.(b) A retail dealer who knowingly sells or offers to sell cigarettes in violation of section three of this article is subject to a civil penalty not to exceed $100 for each pack of the cigarettes sold or offered for sale: Provided, That in no case shall the penalty against that retail dealer exceed $25,000 for sales or offers to sell during any thirty-day period.(c) In addition to any penalty prescribed by law, any manufacturer of cigarettes that knowingly makes a false certification pursuant to section four of this article is subject to a civil penalty of at least $75,000 and not to exceed $250,000 for each false certification.(d) Any person violating any other provision in this article is subject to a civil penalty for a first offense not to exceed $1,000 and for a subsequent offense, subject to a civil penalty not to exceed $5,000 for each violation.(e) In addition to any other remedy provided by law, the state Fire Marshal or the State Tax Commissioner may file an action in circuit court for a violation of this article, including petitioning for injunctive relief against any manufacturer, importer, wholesale dealer, retail dealer, agent or any other person or entity to enjoin that entity from selling, offering to sell, or affixing tax stamps to any cigarette that does not comply with the requirements of this article, or to recover any costs or damages suffered by the state because of a violation of this article, including enforcement costs relating to the specific violation and attorney's fees. Each violation of this article or of rules promulgated under this article constitutes a separate civil violation for which the state Fire Marshal or the State Tax Commissioner may obtain relief. Upon obtaining injunctive relief under this section, the state Fire Marshal or the State Tax Commissioner shall provide a copy of the judgment to all wholesale dealers and agents to which the cigarette has been sold.(f) Whenever any law-enforcement personnel or duly authorized representative of the State Tax Commissioner discovers any cigarettes for which no certification has been filed as required by section four of this article or that have not been marked in the manner required by section five of this article, they may seize and take possession of the cigarettes. The cigarettes shall be forfeited to the state. The State Tax Commissioner shall destroy any cigarettes seized pursuant to this section: Provided, That prior to the destruction of any cigarette seized pursuant to these provisions, the true holder of the trademark rights in the cigarette brand may inspect the cigarette.
WV Code § 47-25-7 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 25. Reduced Cigarette Ignition Propensity|§47-25-7. Implementation

(a) The State Fire Marshal or the State Tax Commissioner may promulgate rules, pursuant to the Administrative Procedures Act, chapter twenty-nine-a of this code, necessary to effectuate the purposes of this article.(b) The State Tax Commissioner in the regular course of conducting inspections of wholesale dealers, agents and retail dealers, as authorized under article seventeen, chapter eleven of this code, may inspect the cigarettes to determine if the cigarettes are marked as required by section five of this article.
WV Code § 47-25-8 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 25. Reduced Cigarette Ignition Propensity|§47-25-8. Inspection

To enforce the provisions of this article, the State Tax Commissioner and its duly authorized representatives may examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control or occupancy of any premises where cigarettes are placed, sold or offered for sale, shall give the State Tax Commissioner and its duly authorized representatives the means, facilities and opportunity for the examinations authorized by this section.
WV Code § 47-25-9 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 25. Reduced Cigarette Ignition Propensity|§47-25-9. Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act Fund

All moneys collected as civil penalties under section six of this article shall be deposited in a special account in the state Treasury to be known as the Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act Fund. The moneys shall be deposited to the credit of the fund and shall, in addition to any other moneys made available for that purpose, be equally divided between the state Fire Marshal and the State Tax Commissioner to support fire safety and prevention programs and tax department enforcement activities.
WV Code § 47-25-10 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 25. Reduced Cigarette Ignition Propensity|§47-25-10. Sales Outside of West Virginia

Nothing in this article shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of section three of this article, if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in this state.
WV Code § 47-25-11 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 25. Reduced Cigarette Ignition Propensity|§47-25-11. Preemption

This article shall have no force and effect if a federal law or regulation establishing a national reduced cigarette ignition propensity standard is adopted and becomes effective.
WV Code § 47-25-12 (2021)
2021 West Virginia Code|Chapter 47. Regulation of Trade|Article 25. Reduced Cigarette Ignition Propensity|§47-25-12. Local Regulation

Notwithstanding any other provision of law, the local governmental units of this state may neither enact nor enforce any ordinance or other local law or regulation relating to cigarette fire safety standards conflicting with any provision of this article.