reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 15. Miscellaneous Provisions › §16A-15-10. State Employee Actions and Federal Law

(a) No cause of action exists against the state officers and employees in their personal capacities, while acting within the scope of duties contemplated by §16A-1-1 et seq. of this code. Any recovery for claims or actions arising from this section is limited solely to the proceeds of available insurance coverage.
(b) To the extent permitted by law, the State of West Virginia shall defend state officers and employees involved in implementing the provisions of §16A-1-1 et seq. of this code against any claims, charges, liabilities, or expenses and shall indemnify and hold harmless state officers and employees involved in implementing the provisions of §16A-1-1 et seq. of this code provided they acted within the scope of their duties or employment in accordance with the act, including without limitation, defense in any state, federal, or local court and payment of the amount of any judgment obtained, damages, legal fees, expenses, and any other expenses incurred.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 16. Effective Date › §16A-16-1. Effective Date

(a) Unless excepted in subsection (b) or (c) of this section, the provisions of this act shall be effective upon passage.
(b) The provisions of §16A-12-1 et seq. of this code, and any other criminal provisions or penalties contained in this act, shall not be effective until 90 days from passage of Senate Bill 386 during the 2017 regular session.
(c) Notwithstanding any provision of this chapter to the contrary, no identification cards may be issued to patients until July 1, 2019. The bureau may take sufficient steps through rule to implement the preliminary provisions in preparation for implementation of the provisions of this act.
(d) Notwithstanding the prohibition contained in subsection (c) of this section on the issuance of identification cards until July 1, 2019, the bureau may implement a process for the preregistration of patients with a serious medical condition who have been issued a certification approved by the bureau and to a caregiver designated by the patient: Provided, That a patient who is preregistered must nevertheless comply with the provisions of §16A-5-1 of this code and may not be issued an identification card necessary to obtain and use medical cannabis as authorized by this act until July 1, 2019.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 1. Definitions › §17-1-2. "Commission"; &Quotroad Commission"; &Quotstate Road commission."

The words and terms "commission," "road commission" or "state road commission," when used in this chapter, shall refer to and mean the West Virginia commissioner of highways, created by section one, article two-a of this chapter. Whenever reference is made to the "commission," "road commission" or "state road commission," the power or duty prescribed shall apply to the West Virginia commissioner of highways, unless the context clearly requires a different meaning.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2. State Road Commission › §17-2-1. Definitions

(a) As used in this article, unless the context clearly requires a different meaning:
(1) "Administrator" means any person who fills a statutorily created position in an agency within the Department of Transportation and who is designated by statute as commissioner, executive director, or other administrative title, however designated;
(2) "Agency" means any division, authority, board, commission, or other entity of state government, however designated, transferred to and incorporated in and administered as part of the Department of Transportation and includes agencies incorporated in the department pursuant to this code, including, but not limited to, 5F-2-1 of this code;
(3) "Code" means the Code of West Virginia, 1931, as amended by the Legislature;
(4) "Department of Transportation" and "department" means the executive department created pursuant to Chapter 5F of this code as the Department of Transportation; and
(5) "Secretary" and "Secretary of Transportation" means the Secretary of the Department of Transportation, who is appointed by the Governor with advice and consent of the Senate pursuant to 5F-1-2 of this code.
(b) All words defined shall be construed to include both the plural and the singular.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2. State Road Commission › §17-2-2. Powers and Duties of the Secretary of Transportation

(a) The secretary is the administrative head of the department, controls and supervises the department, and is responsible for the work of all department employees.
(b) The secretary has the power and authority set forth in this article or elsewhere in code, including, but not limited to, the power and authority specified in 5F-2-2 of this code.
(c) The secretary may employ professional staff, including, but not limited to, certified public accountants, engineers, attorneys, deputies, assistants, hearing officers, and other employees as necessary for the efficient operation of the department, may prescribe their powers and duties, and may fix their compensation within the amounts appropriated and in accordance with the departments merit-based system authorized in 5F-2-8 of this code.
(d) The secretary may designate any administrator or employee of the department as the secretarys designee on any board, authority, or commission on which the secretary serves. An administrator or employee thus designated may take the secretarys place in any hearings, appeals, meetings, or other activities, and such designee shall have the same powers, duties, authority, and responsibility as the secretary.
(e) The secretary may arrange for any of the departments agencies to utilize the services of the department or any other agency within the department, on an as-needed or ongoing basis, for the cost-effective and efficient administration of the department. Interagency agreements may be executed among the departments agencies, or between one or more agencies and the department, if, in the secretarys discretion, such agreement is desired or necessary for the cost-effective and efficient administration of the department.
(f) The secretary shall ensure that the department and its agencies carry out functions in a manner that supplements, complements, and complies with policies, programs, and funding requirements of the Federal Aviation Administration, the Federal Highway Administration, the Federal Railroad Administration, and the Federal Transit Administration, as applicable. The secretary may require that administrators and employees of the department or its agencies consult with appropriate federal, state, and local governmental units to ensure that the department is aware of and in compliance with policies, programs, laws, and regulations affecting the department.
(g) The secretary may, on behalf of the department, sign in the name of the state any contract or agreement with any division, agency, or other unit of federal, state, or local government, any legal entity, or any individual:
Provided
, That the powers granted to the secretary under this subsection may not exceed, or be interpreted as authority to exceed, the powers granted by the Legislature to the department or the various agencies of the department.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-1. Duties of State Road Commissioner Transferred to Division of Highways; Department to Act Through Commissioner of Highways; Office of Commissioner of Highways Created; Appointment, etc.

The office of state road commissioner heretofore existing is hereby continued in all respects as heretofore constituted, but is hereby designated as the West Virginia Division of Highways. All duties and responsibilities heretofore imposed upon the state road commissioner and the powers exercised by him are hereby transferred to the West Virginia Division of Highways and such duties and responsibilities shall be performed by said division and the powers may be exercised thereby through the West Virginia commissioner of highways who shall be the chief executive officer of the division.
There is hereby continued the office of West Virginia commissioner of highways who shall be appointed by the Governor, by and with the advice and consent of the Senate, subject to the provisions of section two-a, article seven, chapter six of this code.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-2. Qualifications; Office Requirements; Devotion of Full Time to Duties; Supervisory Authority; Oath; Bond

The commissioner shall be a person who is experienced in highway planning, finance, construction, maintenance, management and supervision qualifying him or her for the duties of his or her office; shall devote his or her full time and attention to his or her official duties and responsibilities; shall be a resident of West Virginia; shall maintain his or her office headquarters at the state capital; shall be the chief executive officer of the commission and, subject to other provisions of law, shall have direct and full control, management and supervision of the entire state road program and system; and shall, prior to assumption of the duties of his or her office, take and subscribe to the oath prescribed by the Constitution and execute a bond, with surety approved by the commission, in the penal sum of $25,000, which executed oath and bond shall be filed with the Secretary of State. Premiums on the commissioners bond shall be paid from commission funds.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-3. Salary and Expenses

The commissioner shall receive an annual salary as provided in section two-a, article seven, chapter six of this code. He or she shall be allowed and paid necessary traveling expenses incident to the performance of his or her duties. Statements covering such expenses shall be itemized and verified by the commissioner.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-4. Selection, Organization, Classification, etc., of Personnel; Business Manager and Chief Engineer Assistants; Employees' Bonds

The commissioner shall be in charge of and responsible for the selection, employment and effective organization of all commission personnel for the entire state road and highway program. He may establish such divisions, sections and other functional and organizational units within the commission as may be necessary and practical in the full and effective discharge of the duties and responsibilities of his office. Except as otherwise provided by law, all commission personnel shall be classified pursuant to the job classification system and shall be paid pursuant to the salary scale established by the commissioner.
The commissioner shall select and employ a business manager assistant and one or more chief engineer assistants who shall be registered professional engineers, and shall establish such other offices, activities, divisions, sections and organizational units as may be necessary and practical. The business manager assistant shall be in charge of and responsible for matters of finance and such other functions as may be assigned to him from time to time by the commissioner. The chief engineer assistant or, if the commissioner has selected and employed more than one chief engineer assistant, the chief engineer assistants shall be in charge of and responsible for planning, equipment, materials, construction, maintenance, and such other functions as may be designated by the commissioner as well as such other functions as may from time to time be assigned to such chief engineer assistant or assistants by the commissioner.
The commissioner shall require every employee who collects fees or handles funds or who has custody or control of equipment or supplies belonging to the state to give bond, with such sureties and in such penal sum as may be approved by the commissioner, for the faithful discharge of each such employee's duties and his accounting for all such fees, funds, equipment and supplies coming into his hands or under his custody or control. All such bonds, when approved by the commissioner, shall be filed in the office of the Secretary of State. Premiums on all such bonds shall be paid from commission funds.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-4a. Payment of Reasonable Traveling Expenses of Prospective Employees and Moving Expenses of New and Transferred Employees

In addition to the other powers given and assigned to him in this chapter, the commissioner may authorize the payment of:
(1) The reasonable traveling expenses incurred by any person he requests to visit his office to be interviewed concerning the possible employment of such person by the state road commission;
(2) All or part of the reasonable expense incurred by a person newly employed by the commission in moving his household furniture, effects and immediate family to his place of employment;
(3) All or part of the reasonable expense incurred by a technical or supervisory employee of the commission, but excluding all employees at the county level, in moving his household furniture, effects and immediate family as a result of a reassignment of the employee which is considered desirable, advantageous to and in the best interests of the state: Provided, That no part of the moving expenses of any one such employee shall be paid more frequently than once in twelve months.
The expenditures for such payments shall be made from the state road fund, and shall be a cost of administration of said commission.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-4b. Scholarships for Training Highway Personnel; Other Training Programs; Notes for Money Advanced; Payment or Cancellation of Notes

The Legislature hereby declares that there is a wide and continuing need for trained personnel in the Division of Highways of this state and that the scholarships herein provided will aid the Division of Highways in attracting and holding competent employees.
The commissioner of highways is empowered to enter into contracts for training programs with state colleges, universities and other training sources and to award scholarships to competent persons, whether presently employed by the Division of Highways or not, for the purpose of enabling and encouraging such persons to attend a college or university to pursue the course of study as may be approved by the commissioner of highways, but the number of persons holding such scholarships at any one time shall not exceed fifteen. Each scholarship shall carry a stipend in an amount fixed by the commissioner of highways not in excess of $12,000 in the aggregate. The necessary expenditures for the scholarships shall be made from the funds available to the Division of Highways. The recipient of a scholarship shall execute notes and shall deliver said notes to the commissioner of highways. Each note shall be in the amount of the sum received from the state road fund and shall be payable on demand to the Division of Highways. The commissioner of highways shall hold said notes and if, for any reason, except death or physical or mental disability, or being drafted into the armed services, the recipient of a scholarship fails successfully to complete the course of study for which the scholarship was granted or if after the completion of the prescribed course of study does not continue or become an employee of the Division of Highways, or ceases to be an employee before all the notes have been paid or canceled, the commissioner of highways shall make demand for payment of all of the unpaid and uncanceled notes and shall promptly enforce collection thereon and shall deposit the sums so collected thereon in the state road fund. The commissioner of highways is authorized to credit the oldest outstanding notes in the sum of $1,500 every six months that the recipient of the scholarship is employed by the Division of Highways after completing the course of study for which the scholarship was granted. The commissioner of highways shall have the power and authority to make all necessary rules to carry this section into effect.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-5. Disqualifications of Commissioner and Personnel; Vacation of Position

No person, while in the employ of or holding any official relation to any person, firm or corporation selling or furnishing materials entering into the construction, reconstruction, repair or maintenance of any state roads or highways, or any part thereof, or who is pecuniarily interested therein as a stockholder or otherwise, shall be appointed commissioner or be otherwise employed in any capacity or employment by the commission or commissioner. Any such interest in or connection with any such person, firm or corporation, acquired by the commissioner or any such employee of the commission or commissioner subsequent to his appointment or employment, shall immediately disqualify such person from holding the office of commissioner or any other position or employment by the commission or commissioner and such office or position of employment, as the case may be, shall be immediately vacated.
No person may be appointed as commissioner or employed in any other capacity or employment by the commission or commissioner when he is a candidate for or holds any public office or is a member of any political party committee. In the event the commissioner or any employee of the commission or commissioner becomes a candidate for or holds any public office or becomes a member of any political party committee, his office as commissioner or position as employee, as the case may be, shall be immediately vacated.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-6. Accounting and Auditing; Financial Reports

The commissioner, by and through his business manager assistant, shall centralize, standardize and integrate the budget, accounting and auditing services of the entire state road and highway program. Whenever there is provided by law a uniform system of accounting and auditing and policies and practices relating thereto for all state officials, departments and agencies, such uniform system shall be adopted by the commissioner. Until such system, policies and practices are formulated and prescribed, the commissioner shall establish his own system, policies and practices for all accounting and reporting services.
All commission accounting and auditing services shall be on the fiscal year basis. The commissioner shall prepare an annual financial report covering all receipts and disbursements for each fiscal year and shall deliver such report to the commission on or before December 1, next succeeding the end of the fiscal year.
The commissioner shall report quarterly to the commission on finances, personnel and other aspects and phases of the road program and system.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-6a. Independent Performance Audit of the Division of Highways

(a) Beginning May 1, 2015, the Division of Highways shall provide access to and make available all of the Division's books, accounts, records and any other information requested by the independent qualified firm that may be selected by the Joint Committee on Government and Finance to conduct a performance audit of the Division of Highways and any one or more of the individual district within the state road system for the preceding three fiscal years, as determined by the Joint Committee on Government and Finance.
(b) The independent qualified firm selected to conduct the performance audit shall be selected by the Legislative Auditor under the oversight of the Joint Committee on Government and Finance on a competitive bid based upon price and qualifications. The performance audit shall be conducted in accordance with the generally accepted government auditing standards. The audit may include, but not be limited to examination of areas of inefficiency, best practices, the appropriateness of staffing across functions and locations, vehicles allocated within the agency, compensation levels including overtime and relation to employee turnover, procurement practices, existing or recommended system of performance benchmarks, organizational structure, and internal operating or management policies.
(c) The independent qualified firm shall submit the final report of the audit to the Joint Committee on Government and Finance, with a copy to the Governor, on or before December 31, 2015. The Joint Committee on Government and Finance may authorize extension of the reporting requirement or expansion of the terms of the audit. The Joint Committee on Government and Finance shall pay the costs associated with the performance audit prescribed by this section.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-7. Legal Assistance

(a) Except as provided in subsection (b) of this section, the commissioner shall utilize the Attorney General for all legal assistance and services as provided by law.
(b) The commissioner may:
(1) Employ a competent legal staff adequate for the ordinary legal services required by him or her and shall provide therefor such quarters, equipment, facilities, services and stenographic and other personnel as may be necessary: Provided, That for purposes of this subdivision, “ordinary legal services” does not include the retention or hiring of outside legal counsel; and
(2) Employ such additional legal counsel as he or she deems necessary upon a reasonable fee basis to perform legal services in acquiring, by right of eminent domain or otherwise, property, or an estate, right or interest therein.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-8a. Authority to Employ Expert Witnesses in Eminent Domain Proceedings; Compensation

Notwithstanding any law to the contrary, the commissioner may employ as witnesses to testify in eminent domain proceedings such persons who are qualified to give competent testimony as to the value of the property, or estate, right or interest therein, being condemned in an eminent domain proceeding, as he deems necessary. Each such person so employed shall receive for his services the sum agreed upon in a written contract signed by the commissioner and such person. The sum contracted to be paid, however, shall not be made contingent upon the outcome of the action or hearing in which the competent testimony is to be given.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-8b. Authority to Provide Emergency Road Service

In addition to the other powers given and assigned to him in this chapter, where an emergency exists, the commissioner may authorize the use of state road commission vehicles to provide towing service to vehicles stranded on any highway in this state, or may provide a sufficient quantity of gasoline or other fuel for the vehicle to propel it to a point where such fuel may be purchased.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-8c. Use of Public Carriage for Designated Employees

In addition to the other powers given and assigned to him in this chapter, the commissioner of highways shall have authority to use, and permit and allow or disallow his designated employees to use, publicly provided carriage to travel from their residences to their workplace and return: Provided, That such usage is subject to the supervision of such official and is directly connected with and required by the nature and in the performance of such official's or designated employee's duties and responsibilities.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-8d. Reimbursement for Volunteer Fire Departments

(a) In addition to the other powers given and assigned to him or her in this chapter, the Commissioner of the Division of Highways may enter into reimbursement agreements, based upon reasonable actual costs incurred, with volunteer or part-volunteer fire departments for services provided by volunteer or part-volunteer fire departments relating to tree or debris removal from state highways and rights-of-way when the commissioner requests such services.
(b) A volunteer or part-volunteer fire department may be reimbursed without a prior request by the commissioner when the traveled way of a state highway is obstructed by a fallen tree or other debris and the volunteer or part-volunteer fire department is the first responder: Provided, That the volunteer or part-volunteer fire department subsequently enters into a reimbursement agreement with the commissioner to recoup only the costs actually incurred to clear the traveled way of the state highway to permit the public to safely travel upon it.
(c) The commissioner shall retain authority to properly remove and dispose of any cleared trees, debris, or other obstructions cleared from the traveled way by a volunteer or part-volunteer fire department, and the commissioner shall not reimburse a volunteer or part-volunteer fire department for any final disposal of any cleared debris or obstruction.
(d) The commissioner shall not reimburse a volunteer or part-volunteer fire department for services contracted out by the volunteer or part-volunteer fire department.
(e) The commissioner may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to effectuate the purposes of the section. Any rule promulgated pursuant to this section shall include provisions establishing minimum reporting, auditing, and other necessary documentation requirements to approve reimbursement requests submitted to the commissioner.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-9. Persons Required to Assist Commissioner

At the request of the commissioner, the dean of the college of engineering of West Virginia University, the director of the experiment station of the university and the heads of the several departments of science shall render to the commissioner all necessary aid and assistance in the performance of his duties, as the requirements of their respective offices and positions will permit, without extra charge or compensation for the service.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-10. Production of Documentary Evidence and Testimony at Hearings, etc.; Contempt for Disobedience; Self-Incrimination

In any hearing, investigation or proceeding conducted by or before the commission or commissioner, the evidence of witnesses and the production of documentary evidence may be required at any designated place of hearing and summons may be issued therefor by the commissioner or any member of the commission. In case of disobedience to a summons or other process so issued, the commissioner, a member of the commission or any party to the proceedings may invoke the aid of any circuit court in requiring the evidence and testimony of witnesses and the production of papers, books and documents. And upon proper showing, such court shall issue an order requiring such persons to appear before the commissioner or commission, as the case may be, and produce all books and papers and give evidence touching the matter in question. Any person failing to obey such order may be punished by such court as for contempt. A claim that any such testimony or evidence may tend to incriminate the person giving the same shall not excuse such witness from testifying, but such witness shall not be prosecuted for any offense concerning which he is compelled hereunder to testify.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-11. Road Maps; Digital Road Map

(a) The commissioner shall prepare and currently maintain a master road and highway map which will show all of the state roads and highways located, created and classified as provided by law; the mileage of roads and highways; the status of improvements; and travel conditions when practical. The commissioner may make economical reproductions of the map for official use and public information purposes, including a digital road map. The goal is for the maps to be computerized and searchable by the public to map routes for travel throughout the state.
(b) The digital road map shall indicate whether public roads are unpaved and unimproved, unpaved and improved, unlined and paved, or lined and paved. The digital road map shall further indicate the types of vehicles that may use each road, including full-size vehicles and off-highway vehicles, such as all-terrain vehicles, utility-terrain vehicles, motorcycles and off-road vehicles.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-12. Traffic Control Factors; Parking Regulations

In the interest of safety and the convenience, coordination and control of pedestrian and vehicular traffic, the commission may from time to time cause surveys and findings to be made as to the necessity and propriety of setback lines, traffic islands, curb separations, entrance approaches, sidewalks and other traffic control factors. The commission may, pursuant to such surveys and findings, promulgate and enforce reasonable rules and regulations relating to and controlling the location, construction and maintenance of all such traffic control factors, but shall not in any case unduly interfere with any abutting property owner's entrance or access rights or approaches to any road or highway unless with the consent and voluntary action of such abutting property owner or through appropriate proceedings in court in the exercise of the right of eminent domain for determination of the lawful rights of the respective parties and the damages, if any, to be assessed. The limitations of this section on the commission's authority to regulate entrance and access to roads and highways shall not apply to freeways as defined in section thirty-nine of article four of this chapter.
The commission may regulate and, when the safety and convenience of the traveling public so require, may prohibit parking of vehicles on and along roads and highways and the rights-of-way thereof.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-13. Purchase or Acquisition of Materials, Supplies and Equipment

All materials, supplies and equipment required for the state road program and system shall be purchased and acquired by the commissioner through the department of purchases, except as otherwise provided by law. The director of purchases shall adopt rules and regulations governing and controlling acquisitions and purchases in accordance with accepted business practices so that no persons shall be precluded from participating and making sales thereof to the commission; shall establish and prescribe specifications, in all proper cases, for materials, supplies and equipment to be purchased; shall adopt and prescribe such purchase order, requisition or other forms as may be required; shall negotiate for and make purchases and acquisitions in such quantities, at such times and under contract, in the open market or through other accepted business methods and practices, as may be practicable in accordance with general law; shall determine whether to advertise for bids, to purchase by means of sealed bids and competitive bidding or to effect advantageous purchases through other accepted methods and practices; and shall post in a public place in the offices of the commission and the department of purchases, available to the public during all business hours, notices of all acquisitions and purchases to be made, at least two weeks prior to making such purchases.
All purchases and acquisitions shall be made in consideration and within limits of available appropriations and funds and in accordance with applicable provisions of article two, chapter five-a of this code, relating to expenditure schedules and quarterly allotments of funds.
The director of purchases shall make available the facilities and services of his department to the commissioner in the purchase and acquisition of materials, supplies and equipment and shall cooperate with the commissioner in all such purchases and acquisitions upon request of the commissioner. The actual expenses incurred by the director of purchases in all such cases shall be paid by the commissioner.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-14. Disposition of Surplus, etc., Equipment and Materials; Inventories

The commissioner shall dispose of obsolete and unusable equipment, surplus supplies and other unneeded materials, either by transfer to other governmental agencies or institutions, by exchange or trade, or by sale as junk or otherwise. The commissioner shall adopt and promulgate rules and regulations governing and controlling the disposition of all such equipment, supplies and materials. He shall advertise, by newspaper publication or otherwise, the availability or sales of such disposable equipment, supplies and materials and may sell same, in whole or in part, at public auction, or may transfer, exchange or trade same (if by exchange or trade, then without advertising), in whole or in part, as sound business practices may warrant under existing circumstances and conditions. The commissioner shall inventory all such disposable equipment, supplies and materials from time to time as quantity and stocks may warrant but shall make a complete semiannual inventory thereof as of the thirty-first day of March and September 30, of each year. He may report such inventories to the director of purchases whose services and facilities shall be available to the commissioner in making advantageous disposition of any part or all of such disposable equipment, supplies and materials. Such inventories shall briefly describe the disposable items, the date of purchase thereof, the vendor to the commissioner, the purchase price paid therefor and the commissioner's order number authorizing disposition thereof and shall indicate briefly the reason said items are no longer needed or can no longer be used by the commission. All such inventories shall be kept as public records open to public inspection at the office of the commissioner for a period of five years and may thereafter be destroyed.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-15. Other Code Provisions Relating to Purchasing Not Controlling; Exceptions

(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 divisions inventory and the divisions 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.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-16. Prequalification Disclosure by Vendors; Register of Vendors

Every person, firm or corporation selling or offering to sell to the commissioner of the West Virginia department of highways, upon competitive bids or otherwise, any materials, supplies or equipment shall comply with all of the provisions of section fourteen-a, article three, chapter five-a of this code and shall file with the director of the Purchasing Division of the State of West Virginia the affidavit required therein.
Any person, firm or corporation failing or refusing to comply with said statute as herein required shall be ineligible to sell or offer to sell commodities to the commissioner as hereinabove set forth.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-18. Acquisition of Real Property Not Needed for Road Purposes

In connection with the acquisition of real property, or any interest or right therein, for state road purposes, the commissioner may acquire, by any lawful means other than by eminent domain or condemnation, an entire lot, block, or tract of real property, or any portion thereof, even though it is not needed for present or presently foreseeable future state road purposes, if uneconomic remnants would be left the owner or if severance or consequential damages to the remainder make acquisition of the additional property more economical to the state.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-21. Commissioner Authorized to Contract for Implementation of Litter Control Programs

In addition to all other powers granted and duties imposed upon the Commissioner, he or she shall contract with the Secretary of the Department of Environmental Protection and expend moneys from the highway litter control fund to implement the litter control program and litter control maintenance of the highways pursuant to article fifteen-a, chapter twenty-two of this code.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-22. Administration of Engineering and Design Related Service Contracts

In order to promote engineering and design quality and to ensure maximum competition by professional companies of all sizes providing engineering and design services, the commissioner of highways may establish cost principles for determining the reasonableness and allowability of various costs. These cost principles will govern the overhead ceilings, salary limits, expense reimbursement and any other cost the commissioner may deem necessary to regulate. The commissioner of highways shall propose a legislative rule pursuant to article three, chapter twenty-nine-a of this code regarding standard cost principles for determining the reasonableness and allowability of various costs. The legislative rule may include provisions for deviations from the standard cost principles in special situations and circumstances.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2A. West Virginia Commissioner of Highways › §17-2A-23. Administration of Commercial Vehicle and Equipment Related Work Orders

In order to promote cost effective vehicle and equipment repair work efficiently and effectively and in order to provide for repair work to be done in a safe and timely manner when in-house repair is determined not to be cost effective or practical under the circumstances, the commissioner of highways may establish a cost effective analysis for determining the reasonableness and effectiveness of obtaining repair of vehicles and equipment by certain certified vendors.
The commissioner may issue a commercial work order to certified vendors for repair of vehicles and equipment when the commissioner determines that the repairs would extend the life of the equipment or vehicle a minimum of five years and that the expenditure would be the safest cost effective alternative to purchase of new vehicles and equipment or in-house repair.
Any commercial vendor of vehicle and equipment repair may apply to the commissioner for certification as a certified repair vendor under the provisions of this section. In order to qualify, the vendor must provide proof that it has the trained personnel, the required tools, equipment and facilities to provide the work. The commissioner shall inspect or cause to be inspected the facilities and shall review the qualifications of personnel of vendors applying for certification. If approved by the commissioner, the vendor may be certified as a qualified vendor for the type of repair work the commissioner determines the vendor is qualified to provide.
Prior to issuing a commercial work order with a certified vendor, the commissioner must determine the cost of repair of the vehicle or equipment. If on site inspection is required, the commissioner may issue a work order to provide for the inspection and estimate.
Preference for issuing vehicle and equipment repair work orders shall be given to in-state licensed qualified vendors: Provided, That a vendor which fails to guarantee its work for at least one year, or which fails to guarantee its work for a longer period if the longer period is comparable to that offered by local rebuild or repair shops, or which fails to complete any work order in the time specified within the work order, or which fails to complete any work order to the specifications of the work order, shall be decertified for a period of one year.
Nothing herein requires the commissioner of highways to issue a work order to any particular commercial vendor.
The commissioner of highways shall propose a legislative rule pursuant to article three, chapter twenty-nine-a of this code regarding certification of qualified vendors and awarding work orders. The legislative rule may include provisions for deviations from the standard cost principles in special situations and circumstances.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2B. Toll Road Study Commission › §17-2B-1. Legislative Findings and Purposes

(a) The Legislature hereby finds and declares:
(1) That modern, well-constructed and properly maintained roads and highways are of great importance to the economic and industrial growth and development and well-being of the state and to the health, education, welfare and prosperity of its citizens;
(2) That due to budgetary and economic constraints, it is frequently not feasible, desirable nor prudent to meet the costs of construction and maintenance of a modern highways system sufficient to meet current or future needs of the state, of its citizens and of its industrial and commercial communities through the utilization of current revenues, increased or expanded taxation or general obligation bonds;
(3) That there is opinion that alternative methods of financing the construction and maintenance of an efficient and modern road and highway system could be desirable; that these alternative methods may include, but not necessarily be limited to, the utilization of tolls to be paid by the users of such highways and other methods of financing or a combination of various methods, including tolls; and
(4) That the purpose of this article is to create a commission, as hereinafter constituted and appointed, to study various and alternative methods of financing road and highway construction and maintenance, with particular emphasis upon the feasibility and desirability of adopting a system of tolls to be paid by the users of such roads and highways either alone or in combination with other methods of financing.
(b) The Legislature further declares that it recognizes that the provisions of section 1, article V of the Constitution of West virginia prohibit any person from exercising the powers of more than one branch or department of government at the same time; however, it is the express purpose, intent and finding of the Legislature that those members of the commission who are members of the Legislature are acting as such while serving on the commission and in the furtherance of the Legislature's inherent right and power to investigate and inquire into and report on those matters which are legimately within its powers, and that since the commission's role and duties are investigative and reportive in nature, the service upon the commission by its legislative members is not violative of nor inimical to the Constitutional mandate with respect to the separation of governmental powers.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2B. Toll Road Study Commission › §17-2B-2. Toll Road Study Commission Created; Composition; Appointment of Members; Chairman

The West Virginia toll road study commission is hereby created. The commission shall consist of eleven members, who are designated or to be appointed as follows:
(a) The West Virginia commissioner of highways shall serve as a voting member of the commission by virtue of that person's office and shall serve as chairman of the commission;
(b) The chairman of the West Virginia turnpike commission shall serve as a voting member of the commission by virtue of that person's office;
(c) Three members shall be appointed by the Governor who shall be representative private citizens and who shall have been residents of this state for a period of at least one year immediately next preceding such persons' appointment no more than two of whom shall be members of the same political party; and
(d) Three members of the commission shall be members of the Senate, to be appointed by the president thereof; no more than two of whom shall be members of the same political party; and
(e) Three members of the commission shall be members of the House of Delegates, to be appointed by the speaker thereof; no more than two of whom shall be members of the same political party.
2023 West Virginia Code › Chapter 17. Roads and Highways › Article 2B. Toll Road Study Commission › §17-2B-3. Compensation and Expenses of Commission Members; Expenses of Commission

(a) Members of the commission shall be reimbursed for their reasonable and necessary travel and other expenses actually incurred in connection with the performance of their duties as members of the commission, including, but not limited to, their attendance at meetings thereof.
(b) Except as to those members of the commission who are members of the Legislature, the reimbursement of expenses provided for in subsection (a) of this section shall be paid from legislative appropriations to the state department of highways, account number 6700, line item number 7, "Toll Road Examination."
(c) As to those members of the commission who are members of the Legislature, the reimbursement of expenses provided for in subsection (a) of this section shall be paid from legislative appropriations to the Joint Committee on Government and Finance, under "Account No. 103 - Joint Expenses."
(d) Members of the commission shall receive no other compensation for their services on or with the commission other than the reimbursement of expenses as provided in this section.
(e) All other expenses and costs incurred by the commission, which are not otherwise provided for in this section shall be paid from legislative appropriations to the state department of highways, account number 6700, line item number 7, "Toll Road Examination."