reglab/housing_qa huggingface dataset:
WV Code § 8A-12-15 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 12. Voluntary Farmland Protection Programs|§8A-12-15. Criteria for Acquisition of Conservation and Preservation Easements by County Farmland Protection Boards and the Authority

The authority and county farmland protection boards, in ranking applications for conservation and preservation easements, shall consider the following factors as priorities:(a) The imminence of residential, commercial or industrial development;(b) The total acreage offered for conservation or preservation easement;(c) The presence of prime farmland, unique farmland, farmland of statewide importance, other locally significant farmlands and the productive capacity of the acreage;(d) Whether the property offered is contiguous or appurtenant to working farms;(e) The ratio of the asking price, if any, of the easement to the fair market value of the easement;(f) The historical, architectural, archaeological, cultural, recreational, natural, scenic, source water protection or unique value of the easement: Provided, That determinations of the authority or a county farmland protection board are not a substitute for and do not have the effect of other procedures under state or federal law for granting protected status to land, including, but not limited to, procedures under the National Historic Preservation Act of 1966, as amended, or rules of the director of the historic preservation section of the Division of Culture and History authorized in section eight, article one, chapter twenty-nine of this code, or procedures under the authority of the tourism commissioner or the parks and recreation section of the Division of Natural Resources;(g) The existence and amount of secured debt upon the property, as determined by a title search, and whether the total exceeds the agricultural value of the land as determined by the appraisal as required in subsection (d), section fourteen of this article; and(h) The length of the protective easement.
WV Code § 8A-12-17 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 12. Voluntary Farmland Protection Programs|§8A-12-17. Funding of Farmland Protection Programs

(a) County funds. --(1) Creation of county funds. -- Once having created a county farmland protection program, a county commission may authorize the county farmland protection board to create and maintain a farmland protection fund and hire staff as it considers appropriate.(2) Sources. -- A county farmland protection fund is comprised of:(A) Any moneys not specifically limited to other uses and dedicated to the fund by a county commission;(B) Any moneys collected pursuant to section twenty-one of this article;(C) Any money made available to the fund by grants or transfers from governmental or private sources; and(D) Any money realized by investments, interest, dividends or distributions.(b) State fund. -–(1) Created and continued. -- The West Virginia farmland protection fund is created for the purposes specified in this article.(2) Sources. -- The West Virginia farmland protection fund is comprised of:(A) Any money made available to the fund by general or special fund appropriations;(B) Any money made available to the fund by grants or transfers from governmental or private sources;(C) Any money realized by investments, interest, dividends or distributions; and(D) Any money appropriated by the Legislature for the West Virginia farmland protection fund.(3) Disbursements. -- The treasurer may not disburse any money from the fund other than:(A) For costs associated with the staffing, administration, and technical and legal duties of the authority;(B) For reasonable expenses incurred by the members of the board of trustees of the authority in the performance of official duties; and(C) For consideration in the purchase of farmland conservation and preservation easements.(4) Money remaining at end of fiscal year. -- Any money remaining in the fund at the end of a fiscal year shall not revert to the General Revenue Fund of the state, but shall remain in the West Virginia farmland protection fund to be used for the purposes specified in this article.(5) Budget. -- The estimated budget of the authority for the next fiscal year shall be included with the budget of the West Virginia Department of Agriculture.(6) Audit. -- The fund shall be audited annually.
WV Code § 8A-12-18 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 12. Voluntary Farmland Protection Programs|§8A-12-18. Disbursements by the Authority to County Farmland Protection Boards

(a) Applications; amount. -- If a county has established a county farmland protection program, the authority shall distribute within sixty days after the end of its fiscal year at least eighty percent of that fiscal year's remaining funds to county farmland protection boards who have certified to the authority that there is then pending an application for one or more conservation or preservation easements. Each certification shall include:(1) The name of each applicant for an easement and the date of each application for an easement during the fiscal year;(2) A description of the property upon which an easement is offered; and(3) An appraisal of the value of the conservation or preservation easement as provided in section fourteen of this article.(b) Disbursement formula. -- Disbursement of authority funds to qualifying counties shall be based on the ratio of each county farmland protection board's appraisal value of conservation and preservation easement applications, including those applications to donate easements, received during the fiscal year to the total of the appraisal value of all applications for conservation and preservation easements for the fiscal year received by the authority from county farmland protection boards. Applications for easement donations may only be counted if the county farmland protection board holds or coholds the easement.
WV Code § 8A-12-19 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 12. Voluntary Farmland Protection Programs|§8A-12-19. Classification of Land Subject to Conservation or Preservation Easement

Notwithstanding any statute or rule to the contrary, any property held or coheld by a holder under a conservation or preservation easement as defined in this article, regardless of ownership, shall be taxed as "agricultural lands" for ad valorem property tax purposes without further requirement, restriction or disqualification. For ad valorem property tax purposes, any property held or coheld by a holder under a perpetual conservation or preservation easement as defined by this article, regardless of ownership, shall be taxed as "agricultural lands" without further requirement, restriction or disqualification.
WV Code § 8A-12-20 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 12. Voluntary Farmland Protection Programs|§8A-12-20. Authorization for Commissioner of Agriculture to Promulgate Proposed Rules

The commissioner of agriculture may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article.
WV Code § 8A-12-21 (2021)
2021 West Virginia Code|Chapter 8A. Land Use Planning|Article 12. Voluntary Farmland Protection Programs|§8A-12-21. Tax on Privilege of Transferring Real Property

(a) Notwithstanding the provisions of section two, article twenty-two, chapter eleven, and effective January 1, 2003, and thereafter, in addition to the tax imposed pursuant to article twenty-two, chapter eleven of this code, any county commission that has created a farmland protection program may impose an additional county excise tax for the privilege of transferring title to real estate at the rate of no more than $1.10¢ for each $500' value or fraction thereof, as represented by any document as defined in section one, article twenty-two, chapter eleven of this code, payable at the time of delivery, acceptance or presentation for recording of the document.(b) The tax imposed pursuant to this section is to be administered and collected as the tax on the privilege of transferring title to real estate imposed pursuant to the provisions of article twenty-two, chapter eleven of this code.(c) The tax imposed pursuant to this section is to be used exclusively for the purpose of funding farmland preservation.
WV Code § 9-1-1 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 1. Legislative Purpose and Definitions|§9-1-1. Legislative Purpose

The Legislature in enacting this chapter intends to continue on a reorganized basis welfare assistance programs heretofore administered by the state department of welfare and county councils to the end that residents of the state who are subject to the recurring misfortunes of life may continue to have such aid and encouragement as the county alone, the state alone or the state in cooperation with the federal government may provide.
WV Code § 9-2-1 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-1. Continuation of Department of Welfare

The state department of welfare, first created as the state department of public assistance by chapter one, acts of the Legislature, first extraordinary session, one thousand nine hundred thirty-six, and later reconstituted as the state department of welfare by chapter one hundred ten, acts of the Legislature, regular session, one thousand nine hundred sixty-one, shall be continued and organized as provided and authorized by this chapter and shall have those powers and duties respecting the administration of the welfare assistance programs as authorized, granted and imposed by this chapter and elsewhere by law.
WV Code § 9-2-1a (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-1a. Department of Health and Human Resources

The Department of Health and Human Resources shall be charged with the administration of this chapter.
WV Code § 9-2-2 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-2. Commissioner to Be Administrative Head of Department; Appointment, Qualifications, etc.; Not to Hold Other Office or Engage in Political Activity

The chief executive officer and administrative head of the department shall be the commissioner of welfare, who shall be appointed and compensated, and shall serve, as provided by section two-a, article seven, chapter six of this code.The commissioner shall be selected with special reference and consideration given to his training, experience, capacity and interest in or relating to the welfare assistance programs administered by the state department of welfare.Before entering upon the duties of his office, the commissioner shall take and subscribe to the oath of office prescribed by section five, article four of the state Constitution and shall execute a corporate surety bond in the sum of $15,000 for the faithful performance of his duties. The bond shall be in the form prescribed by the Attorney General and approved by the Governor, and both the certificate of the oath and the bond shall be filed with the Secretary of State. Premiums upon the bond shall be paid out of the funds of the department.The commissioner shall not be a candidate for, or hold, any other public office or public employment under the federal government or under the government of this state or any of its political subdivisions, or be a member or officer of any political party committee, or serve as an election official, or engage in any political activity, other than to vote, in behalf of, or in opposition to, any candidate, political party or public issue involved in an election. Any violation by the commissioner of the provisions of this paragraph shall automatically vacate his appointment as commissioner.
WV Code § 9-2-3 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-3. Acceptance of Federal-State Assistance and Federal Assistance

The state assents to the purposes of federal-state assistance and federal assistance, accepts federal appropriations and other forms of assistance made under or pursuant thereto, and authorizes the receipt of such appropriations into the state Treasury and the receipt of other forms of assistance by the department for expenditure, disbursement, and distribution by the department in accordance with the provisions of this chapter and the conditions imposed by applicable federal laws, rules and regulations.
WV Code § 9-2-3a (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-3a. Authorized Exemption From Federal Law; Exceptions

Pursuant to the authority and option granted by 21 U.S.C. §862a(d)(1)(A) to the states, West Virginia exempts all individuals domiciled within the state from the application of 21 U.S.C. §862a(a)(2) unless the offense of conviction has as an element thereof misuse of supplemental nutrition assistance program benefits, loss of life, or the causing of physical injury.
WV Code § 9-2-4 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-4. Organization of Department of Welfare

Within limits of state appropriations and federal grants and subject to provisions of state and federal laws, rules and regulations, the commissioner shall organize the department into such offices, divisions, agencies and other administrative units, and, consistent with the requirements of article six, chapter twenty-nine of this code, shall appoint and employ for the department such deputies, assistants and employees, as may in his judgment be necessary or desirable to carry out fully and in an orderly, efficient and economical manner the powers, duties and responsibilities of the department and of his office.
WV Code § 9-2-5 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-5. Responsibility and Powers of Department; Information and Data to Be Supplied by Other Agencies

The department is charged with the responsibility of administering for the state the welfare assistance programs, for which responsibility it shall have (1) all powers, not inconsistent with state law, as may be necessary for this state to obtain maximum federal funds made available for federal-state assistance within whatever limits or restrictions may be imposed by, or may exist by reason of the amount of state funds appropriated for such assistance under, the state's budget act and supplementary appropriation acts and (2) all powers, not inconsistent with state law, as may be necessary for the disbursement and distribution of welfare assistance to those persons qualified therefor in as prompt, fair, orderly, efficient and economical manner as possible.Notwithstanding any other provision of this code to the contrary, each department, agency, commission or board of state government shall make available to the department of welfare such information and data as each such department, agency, commission or board may collect about any applicant for or recipient of any type of federal or state assistance upon such terms as may be prescribed by the Governor, if such information and data would be relevant in determining whether such applicant or recipient is qualified or eligible for any such assistance, and after such information and data have been obtained by the department of welfare, the same shall be used only by such department of welfare in carrying out and discharging its powers, duties and responsibilities.
WV Code § 9-2-6a (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-6a. Commissioner to Develop Caseload Standards; Committee; Definitions

The commissioner shall develop caseload standards based on the actual duties of employees in each program area of the department and may take into consideration existing professional caseload standards. Standards shall be reasonable and achievable.A caseload standards committee shall be established and composed of two employees from each program area in each region. The members shall be elected by the employees from each program area from among all the employees in the program area. A subcommittee composed of the members from each program of services provided shall meet with the appropriate office director to develop caseload standards for each program. The committee shall meet at least twice yearly and shall report recommendations to the commissioner through the personnel advisory committee representative under existing procedures.Representatives of an employee organization may serve in an advisory role.The caseload standards which are developed establishing minimum and maximum caseloads shall be advisory for the department in the hiring of staff and in individual caseload assignments, and may be used as a basis of the department of health and human resources personal services budget request to the governor and the Legislature.As used in this section:"Caseload standards" means a measurable numerical minimum and maximum workload which an employee can reasonably be expected to perform in a normal workday or workweek, based on the number, variety and complexity of cases handled or number of different job functions performed."Professional caseload standards" means standards established by national standard setting authorities, when they exist, or caseload standards used in other states which have similar job titles.
WV Code § 9-2-7 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-7. State's Participation in Federal Work Incentive Program

The state of West Virginia hereby acknowledges that the Congress of the United States has enacted legislation amending the Social Security Act to permit states to establish work incentive programs. The commissioner is hereby authorized to transfer moneys from any appropriate public assistance grant account under his control to the special fund, administered by the United States secretary of labor, created by such amendments. Any moneys transferred by the commissioner to the aforesaid special fund shall be considered as money expended for welfare grants. The commissioner is further empowered to promulgate rules, establish plans and perform any other acts necessary to implement this state's participation in the aforesaid work incentive program.The commissioner is directed and authorized to cooperate and coordinate his activities in regard to such program with the commissioner of the West Virginia department of employment security as contemplated by section sixteen-a, article two, chapter twenty-one-a of the Code of West Virginia.
WV Code § 9-2-8 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-8. Information and Referral Services

(a) Each local human services office shall compile, maintain and post a current list of donated food banks and other emergency food providers in the area served by the local food stamp office and refer individuals who need food to local programs that may be able to provide assistance.(b) The department shall use its existing statewide toll free telephone number to provide emergency food information and to refer needy individuals to local programs that may be able to provide assistance. The department shall publish the telephone number for referrals in the emergency telephone numbers section of local telephone books. The department shall display this telephone number in all its offices that issue food stamps.
WV Code § 9-2-9a (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-9a. Agreements Between the Secretary and Three Higher Education Institutions

Any contract, agreement or memorandum of understanding between the secretary and West Virginia University, West Virginia School of Osteopathic Medicine or Marshall University for services is exempt from the provisions of article three, chapter five-a of this code: Provided, That any contract entered into under the provisions of subsection five, section six of this article, for the provision of Medicaid services by a risk-bearing entity, is not exempt from the provisions of article three, chapter five-a of this code.
WV Code § 9-2-9c (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-9c. Behavioral Mental Health Services Fund Created

There is created in the State Treasury a special revenue account to be designated the "Behavioral Mental Health Services Fund" which is an interest-bearing account that may be invested and retain all earnings. On or before August 1, 2010, the State Treasurer shall make a one-time transfer of $14,750,000 from Fund 1509 – Consumer Protection Recovery Fund, administered by the Attorney General, into the Behavioral Mental Health Services Fund. All moneys transferred to this fund shall be expended in accordance with the settlement provisions of State of West Virginia v. Eli Lilly and Company, Inc., United States District Court of the Eastern District of New York, Civil Action No. 06-CV-5826. Nothing in this article may be construed to mandate additional funding or to require any additional appropriation by the Legislature.
WV Code § 9-2-10 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 2. Commissioner of Human Services; Powers, Duties and Responsibilities Generally|§9-2-10. Collection of Copayments by Health Care Providers; Penalties

(a) The secretary is directed to institute a program by January 1, 1994, which requires the payment and collection of copayments. Such program shall conform with Section 447.53, Chapter 42 of the Code of Federal Regulations, and the amount of such copayments shall be determined in accordance with the provisions of Sections 447.54 and 447.55, Chapter 42 of the Code of Federal Regulations. The secretary shall complete all federal requirements necessary to implement this section, including the submission of any amendment to the state Medicaid plan, immediately following the effective date of this section.(b) Any individual or entity receiving reimbursement from this state under the medical assistance program of the Social Security Act is required to collect such copayments: Provided, That in accordance with Section 447.15, Chapter 42 of the Code of Federal Regulations, no such individual or entity shall refuse care or services to any Medicaid-eligible individual because that individual is unable to pay such copayment. The amount of copayments collected shall be reported to the secretary.(c) After February 1, 1994, any person, firm, corporation or other entity who willfully, by means of a false statement or representation, or by concealment of any material fact, or by other fraudulent scheme, device or artifice on behalf of himself, itself or others, fails to attempt to collect copayments as required by this section, shall be liable for payment to the Department of Health and Human Resources of a civil money penalty in the amount of $100 for each occurrence of willful failure to collect a required copayment.(d) If it comes to the attention of the secretary that a person or other entity is failing to attempt to collect copayments as mandated, the matter shall be referred to the Medicaid fraud control unit for investigation and referral for prosecution pursuant to the provisions of article seven of this chapter.