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WV Code § 7-25-12 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-12. Resort Area Districts Authorized to Levy Resort Service Fee; Procedure for Implementation and Cessation of Resort Service Fee; Abstract and Notice of Implementing Resolution; Rate of Resort Service Fee; Permissible Uses; Limitations on Imposition

(a) Resort area districts are hereby authorized to impose a resort service fee within such district by following the procedures set forth in this section.(b) No resort service fee shall be implemented within a resort area district without approval by six sevenths of the board. If six sevenths of the board has approved the implementation of a resort service fee, the board shall adopt a resolution specifying the following:(1) The rate or rates of the resort service fee and the classes of goods and services to which each rate shall apply;(2) The services and projects authorized to be funded from the proceeds of the resort service fee; and(3) The effective date of the resort service fee: Provided, That the resort service fee shall not take effect less than ninety days following the adoption of the resolution.(c) A board may repeal the resolution authorizing implementation of a resort service fee upon approval by six sevenths of the board: Provided, That such resolution may not be repealed if a district has outstanding resort service fee bonds and the terms of such bonds restrict the repeal of such resolution.(d) After the adoption of a resolution regarding implementation of a resort service fee, an abstract of such resolution, determined by the board to contain sufficient information as to give notice of the contents of such resolution, and notice that such resolution has been adopted shall be posted in multiple, conspicuous public locations within such district and published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code and the publication area for such publication shall be the resort area district.(e) The rate of a resort service fee shall not exceed five percent of the purchase price of the goods or services upon which the resort service fee is levied: Provided, That a district may impose the resort service fee at a rate less than five percent.(f) A resort area district may levy a resort service fee at different rates upon different classes of goods and services.(g) The proceeds generated by a resort service fee shall solely be used for:(1) Paying all or a portion of the costs of providing a service or services within the district; or(2) Paying all or a portion of the costs of a project or projects, including payment of debt service on resort service fee bonds;(3) However, a minimum of twenty-five percent of all service fees shall be placed in a reserve account and shall not be used except in compliance with the bylaws.(h) A resort service fee shall not be imposed upon goods and services sold for resale.
WV Code § 7-25-13 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-13. Resort Service Fee Administration

(a) Not less than thirty days prior to the date that the resort service fee becomes effective, the board shall adopt an administrative resolution governing the collection and reporting of the resort service fee. This administrative resolution may be amended at any time as may be necessary to effectively administer the resort service fee.(b) The administrative resolution shall specify:(1) The time that the resort service fees collected by businesses are to be remitted to the district;(2) The office, officer or employee of the district responsible for collecting and accounting for the resort service fee receipts;(3) The office, officer or employee of the district responsible for enforcing collection of resort service fees and the methods and procedures to be used in enforcing the collection of resort service fees due; and(4) The penalties for failure to report resort service fees due, failure to remit resort service fees due and violation of the administrative resolution.(c) The administrative resolution may include:(1) Further clarification and specificity in the categories of goods and services that are subject to the resort service fee consistent with subdivision (q), section three of this article; and(2) Other administrative details necessary for the efficient and effective administration of the resort service fee.
WV Code § 7-25-14 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-14. Implementation and Provision of Services Within Resort Area District; Adoption of Annual Budget

(a) Upon the creation of a resort area district and organization of its board, a resort area district may provide for the provision of services by the adoption of a resolution.(b) A resolution providing for the provision of services shall set forth:(1) The services to be offered; (2) The sources of funding for such services; and(3) All other information necessary for the administration of providing such services.(c) A resolution providing for the provision of services may be amended from time to time, as deemed necessary by the board.(d) Services to be offered by a resort area district shall not be inconsistent with those permitted under the bylaws of the district or this article and shall not include a service for which the resort operator charges a fee or obtains revenue, such as operation or maintenance of a ski slope or ski lift.(e) The board shall adopt an annual budget for the district each year. Such budget shall require approval by six sevenths of the board to be adopted. Funds of the resort area district may not be expended on any service or project in excess of the amounts specified in the budget, and no material expenditures may occur on services or projects not authorized by the budget, except upon approval of at least six sevenths of the board.(f) In setting the budget or any amendment to it, and in approving any anticipated obligation, undertaking and related expenditure of any funds received from any resort service fee or from any assessment, the Board shall be empowered to condition the an expenditure or undertaking, in whole or part, upon the receipt of grants, loans or contribution of funds by or from other sources or parties, including the resort operator, any commercial interests, and any governmental entity, In the event that any such conditions established by the Board are not met, the expenditure and any related conditionally approved undertaking shall not be required.
WV Code § 7-25-16 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-16. Provisions for Construction of a Project

(a) Prior to beginning construction on a project, the board shall provide by resolution for the construction of the project and shall also provide in the same or subsequent resolutions for the supervision of such work by a professional engineer, governmental agency or any other person designated by the board. The board may provide for the construction of the project by one of the two following methods or any combination thereof:(1) If there exists a governmental agency with the experience, knowledge and authority to construct the project, the board may elect to enter in a contract with such agency for the construction of all, or a part of, the project or for any other service necessary or incident to the construction of the project, in which case such governmental agency shall be responsible for entering into contracts, subject to the board's approval, with such other persons as may be necessary or incident to the construction of the project; or(2) The board may elect to enter into one or more contracts with such contractors and other persons as may be necessary or incident to the construction of the project, in which case it shall solicit competitive bids. All contracts for work on any project, the expense of which will exceed $50,000, shall be awarded to the lowest qualified responsible bidder who shall furnish a sufficient performance and payment bond. The board may reject any and all bids and if it rejects all bids, notices shall be published as original required before any other bids may be received. The board may let portions of the work necessary to complete a project under different contracts.(b) The resolution described in subsection (a) of this section shall also provide for payment of the cost of the project.(c) Prior to the construction of the project, the board shall obtain such permits and licenses required by law for the construction and operation of the project.(d) No project shall be undertaken by a district that includes a ski slope or ski lift.
WV Code § 7-25-18 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-18. Exemption of Public Property From Assessments

No lots or parcels of land owned or controlled by the United States, this state, any municipality, county, county board of education, resort area district or other public body shall be subject to any assessments under this article.
WV Code § 7-25-19 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-19. Assessment Bonds and Resort Service Fee Bonds; Sinking Fund for Assessment Bonds and Resort Service Fee Bonds; Tax Exemption

(a) For constructing and acquiring any project authorized by this article the board of any such district is hereby authorized to borrow money, from time to time, and in evidence thereof issue the bonds of such district, payable from the proceeds of the assessments or resort service fees granted under this article. Such bonds shall be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding thirty years from their respective dates, shall be fully registered as to principal and interest in the name of the bondholder with a certificate of authentication, may bear interest at such rate or rates not exceeding eighteen percent per annum, may be payable at such times, may be executed in such manner, may be payable at such place or places, may be subject to such terms of redemption with or without premium, may be declared or become due before maturity date thereof, may be authenticated in any manner, and upon compliance of such conditions, may contain such terms and covenants as provided in the resolution or resolutions of the board. All such bonds shall be, and shall be treated as, negotiable instruments for all purposes. Bonds bearing the signatures of officers and offices on the dates of the signing thereof shall be valid and binding for all purposes notwithstanding that before the delivery thereof any or all such persons whose signatures appear thereon shall have ceased to be such officers. Notwithstanding the requirements or provisions of any other law, any such bonds may be negotiated or sold in such manner at such time or times and at such price or prices as is found by the board to be most advantageous. Any resolution or resolutions providing for the issuance of such bonds may contain covenants and restrictions upon the issuance of additional bonds thereafter as may be deemed necessary or advisable for the assurance of the payment of the bonds thereby authorized.(b) At or before the time of issuance of any bonds under this article, the board shall by resolution provide for the creation of a sinking fund and for payments into such fund from the assessments or resort service fees granted under this article in such amount as may be sufficient to pay the accruing interest and retire the bonds at or before the time each will respectively become due and to establish or maintain reserves therefor. All sums which are or should be, in accordance with such provisions, paid into such sinking fund shall be used solely for the payment of interest and for the retirement of such bonds at or prior to maturity as may be provided or required by such resolution.(c) The property, including leased property, of the resort area district and bonds and any income or interest thereon issued by the resort area district are exempt from taxation by the state of West Virginia and other taxing bodies of the state.
WV Code § 7-25-20 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-20. Indebtedness of Resort Area District

No constitutional or statutory limitation with respect to the nature or amount of or rate of interest on indebtedness which may be incurred by municipalities, counties or other public or governmental bodies shall apply to the indebtedness of a resort area district. No indebtedness of any nature of a resort area district shall constitute an indebtedness of any county creating and establishing such district or a charge against any property of said counties but shall be paid solely from the resort service fee or assessments which the resort area district is authorized to impose on the owners of the property within the district by this article. No indebtedness or obligation incurred by a resort area district shall give any right against any member of the governing body or any member of the board of a resort area district.
WV Code § 7-25-21 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-21. Payment of Assessments to Sheriff; Report to Resort Area District; Collection of Delinquent Assessments

(a) The assessments authorized to be imposed pursuant to this article will not be considered to be ad valorem taxes or the equivalent of ad valorem taxes under any provision of this code: Provided, That for the exclusive purposes of collection of the assessments authorized to be imposed under this article and enforcement of the assessment liens created by section twenty-two of this article, the provisions of chapter eleven-a of this code shall apply as if the assessments were taxes as that term is defined in section one, article one of that chapter: Provided, That any property subject to assessments may not be sold to satisfy such lien.(b) The sheriff shall promptly deposit all assessments upon receipt thereof in a segregated account established by the sheriff for such purpose and shall maintain a record of the assessments so received. Each month, the sheriff shall pay all moneys collected for the resort area district into the district treasury or, if the sheriff consents, to a trustee for the benefit of bondholders if assessment bonds are issued by the resort area district.(c) Payments to the resort area district shall be made in the time set forth in section fifteen, article one, chapter eleven-a of this code and the sheriff shall be entitled to take a commission for collection of the assessments on behalf of the resort area district, as provided in section seventeen of said article.(d) For each tax year, the sheriff will prepare and deliver to the board of each resort area district located in the county, a statement setting forth the aggregate amount of assessments received for such district and the name of any property owner who failed to pay the assessments due and payable for the period in question. The report shall be due on or before August 1, of the following year.(e) The sheriff is authorized to collect delinquent assessments and enforce the liens created in section twenty-two of this article as if those assessments were delinquent real property taxes and the taxes are tax liens using the enforcement tools provided in articles two and three, chapter eleven-a of this code.
WV Code § 7-25-23 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-23. Resort Area Rangers

(a) A board is hereby authorized to appoint bona fide residents of this state to act as resort area rangers within its respective resort area district upon any premises which are part of said district, subject to the conditions and restrictions imposed by this section.(b) Before performing the duties of ranger, each appointed person shall qualify for the position of ranger in the same manner as is required of county officers by the taking and filing of an oath of office as required by section three, article one, chapter six of this code and by posting an official bond as required by section one, article two, chapter six of this code. To facilitate the performance of the duties of a ranger, a ranger may carry a firearm or other dangerous weapon while the ranger is on duty.(c) It is the duty of any person appointed and qualified as a ranger hereunder to preserve law and order on any premises which are part of a resort area district. For this purpose, the ranger shall be considered to be a law-enforcement officer in accordance with the provisions of section one, article twenty-nine, chapter thirty of this code and, as to offenses committed within those areas, have and may exercise all the powers and authority and are subject to all the requirements and responsibilities of a law-enforcement officer. The assignment of rangers to the duties authorized by this section may not supersede in any way the authority or duty of other peace officers to preserve law and order on those premises.(d) The salary of all rangers shall be paid by the board. The board shall furnish each ranger with an official uniform to be worn while on duty and shall furnish and require each ranger while on duty to wear a shield with an appropriate inscription and to carry credentials certifying the person's identity and authority as a ranger.(e) The board at its pleasure may revoke the authority of any ranger. The chairman of the board shall report the termination of employment of a ranger by filing a notice to that effect in the office of the clerk of the county in which the ranger's oath of office was filed and in the case of a ranger licensed to carry a firearm or other dangerous weapon, by notifying the clerk of the circuit court of the county in which the license for the firearm or other dangerous weapon was granted.
WV Code § 7-25-24 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-24. Annual Audit; Books and Records

Each resort area district shall cause an audit of its books and accounts to be made at least once each fiscal year by anindependentcertified public accountants, and the cost thereof may be defrayed as an administrative cost. All books and records of the resort area district shall be available for inspection by any property owner during reasonable business hours.
WV Code § 7-25-25 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-25. Notice of Transfer of Change in Ownership of Property Within Resort Area District

After the resort area district has been formed and organized, as a part of any bylaws, the district's board shall promulgate rules and regulations as a part of its bylaws which require timely notice to the District whenever ownership of property within the District has changed, along with any change in address for any notices required by this article. If a new property owner within the District fails to notify the district board of change in the property's ownership, any notice provided by the District to the previous property owner's last known address shall be deemed sufficient.
WV Code § 7-25-26 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-26. Liberal Construction

This article being necessary for the public health, safety and welfare and economic development, it shall be liberally construed to effectuate the purpose hereof.
WV Code § 7-25-27 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 25. Resort Area Districts|§7-25-27. Effect of the 2015 Amendments

It is the intent of the Legislature that the amendments to this article passed during the 2015 regular session of the Legislature does not cause any petition for the creation of a resort area district that is currently before the governing body of the county in which the proposed resort area district is located to be voided and that those petitions may be modified to meet the current requirements of this article, put to a public meeting, and incorporated into the petition.
WV Code § 7-26-1 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 26. West Virginia Sheriffs' Bureau of Professional Standards|§7-26-1. Creation; Purpose; Composition

(a) For the purpose of providing better law enforcement for the counties of our state and for providing standardization and uniformity of services and operation of the sheriff offices throughout the state, there is hereby created the West Virginia Sheriffs' Bureau of Professional Standards.(b) The bureau shall be comprised of nine members, as follows:(1) Two statutory members:(i) The Secretary of the Department of Military Affairs and Public Safety, or his or her designee; and(ii) The Executive Director of the West Virginia Sheriffs' Association; and(2) Seven members representing the public and law enforcement to be appointed by the Governor:(i) Five sheriffs of the counties of West Virginia, to be recommended for appointment by the West Virginia Sheriffs' Association; and(ii) Two citizen members.(c) Service of members of the bureau shall be conditioned upon signing all necessary nondisclosure agreements relating to confidential law-enforcement information.(d) Each bureau member shall serve a two-year term commencing July 1, 2015, except that three of the first five sheriffs beginning their term on July 1, 2015, shall serve a one-year term expiring July 1, 2016, at which time new selections for regular two-year terms shall be made for these three positions.(e) Any vacancy on the bureau for a sheriff position shall be filled for the remainder of the unexpired term by selection of the West Virginia Sheriffs' Association. Any vacancy on the bureau for a citizen member position shall be filled for the remainder of the unexpired term by appointment of the Governor.
WV Code § 7-26-2 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 26. West Virginia Sheriffs' Bureau of Professional Standards|§7-26-2. General Powers and Duties; Legislative Rules

(a) The bureau may enter into contracts regarding training and operation of state sheriffs offices. The bureau may recommend policies and procedures to sheriffs offices, including, but not limited to, those that promote cooperation between all state and local law-enforcement officers, eliminate duplication of work, promote the proper and efficient operation of the office of the sheriff, and which seek to standardize operations of sheriffs offices throughout the state. The bureau may propose legislative rules which adopt a standard badge, uniform, and color for the motor vehicles used by the various sheriffs and deputy sheriffs of West Virginia.(b) The bureau may assist the sheriffs of each county of the state to provide Handle With Care program training to law-enforcement supervisors and patrols and to actively participate in and use all law enforcement-related components of the Handle With Care program to help trauma-inflicted children in the public or private school systems.
WV Code § 7-26-3 (2021)
2021 West Virginia Code|Chapter 7. County Commissions and Officers|Article 26. West Virginia Sheriffs' Bureau of Professional Standards|§7-26-3. Bureau Officers

The bureau shall select a chair, vice chair and secretary from within its appointed membersto keep an accurate record of the actions of the bureau and perform such duties as the bureau may prescribe.