reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 26. West Virginia Courthouse Facilities Improvement Authority › §29-26-6. The Courthouse Facilities Improvement Fund

(a) There is hereby created in the State Treasury a special revenue account to be known as the "West Virginia courthouse facilities improvement fund." The West Virginia courthouse facilities improvement fund may receive any gifts, grants, contributions or other money from any source which is specifically designated for deposit in the fund.
(b) The authority shall undertake a study on the condition and state of need of every courthouse facility throughout the State of West Virginia, and shall determine the estimated cost of the improvements which are necessary to bring each facility into conformity with requirements outlined in this article. The authority shall submit to the Legislature, on or before January 1, 2002, a report which shall contain the estimate of the cost, a plan for the financing of the cost, and an estimated prioritized schedule for the implementation and financing of the improvements to be made pursuant to the provisions of this article.
(c) The moneys of the West Virginia courthouse facilities improvement fund shall be disbursed by the authority for the funding of approved modifications or construction of court facilities and to pay expenses of the authority in administering the provisions of this article.
(d) Any disbursements from the West Virginia courthouse facilities improvement fund allocated for approved modifications or construction of courthouse facilities may be made contingent upon local appropriations or gifts in money or in kind for the support of the modifications or construction.
(e) Nothing in this article may be construed to mandate funding for the West Virginia court facilities improvement fund or to require any appropriation by the Legislature.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 29. Volunteer for Nonprofit Youth Organizations Act › §29-29-2. Legislative Purpose

The Legislature finds that:
(1) Adventure and recreational activities attractive to nonprofit youth organizations interested in training and inspiring young people from other parts of the United States and throughout the world will contribute significantly to the economy of West Virginia, and enhance the state's reputation as a place to visit and transact business; and
(2) Nonprofit youth organizations must rely on volunteers to staff and support their events and programs and that some of the volunteers are medical, nursing, emergency medical service and law-enforcement professionals authorized to practice in other states. Because of the large number of volunteers required to support those events and programs, the benefits these events and programs provide to youth, the multicounty areas those events and programs may cover and the number of agencies potentially involved in granting authorizations to practice for those volunteers to provide those services in this state, it is in the state's best interest to provide a streamlined system to permit those volunteers to practice for the periods of time they engage in volunteer work at those events and programs.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 29. Volunteer for Nonprofit Youth Organizations Act › §29-29-5. Powers and Duties of Nonprofit Youth Organization

(a) Before the nonprofit youth organization may issue a nonprofit volunteer permit to an applicant, the organization shall:
(1) Gather and maintain the following information for each applicant:
(A) The applicant's name, position, address and phone number;
(B) A copy of the applicant's authorization to practice from all jurisdictions in which the applicant is authorized to practice;
(2) Require documentation that the applicant has received at least two hours of instruction provided by the nonprofit youth organization, which may be accomplished by webinar, video conference or other remote means of instruction;
(3) No more than one hundred twenty days prior to any volunteer services being performed, require documentation from all jurisdictions in which the applicant authorized to practice stating that the applicant's authorization to practice is valid, in good standing and unrestricted and without limitation or condition; and
(4) Require a written acknowledgment signed by the applicant that the rules, regulations and procedures established by the nonprofit youth organization have been received and reviewed.
(b) All information and documentation maintained and gathered pursuant to this section shall be maintained in a safe and secure manner, which may be electronically, by the nonprofit youth organization for a period of ten years from the date a permit is issued to the applicant.
(c) The nonprofit youth organization providing emergency medical services shall have a license to operate an emergency medical services agency pursuant to section six-a, article four-c, chapter sixteen of this code and the Commissioner of the Bureau for Public Health may make such adjustments to the licensing standards to reflect the nature of the services provided by the permittees and the size, scope and interests being served by any event or program of such organization.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 29. Volunteer for Nonprofit Youth Organizations Act › §29-29-6. Revocation of Nonprofit Volunteer Permit

(a) The nonprofit volunteer permit may be revoked at any time by the nonprofit volunteer organization.
(b) The nonprofit volunteer organization shall revoke a nonprofit volunteer permit and shall report the revocation to the appropriate licensing agency in every jurisdiction where the individual holds an authorization to practice for the following reasons:
(1) Professional incompetence;
(2) Professional misconduct; or
(3) Criminal activity.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 29. Volunteer for Nonprofit Youth Organizations Act › §29-29-7. Liability of Permittees and the Nonprofit Volunteer Organization for Volunteer Services

(a) Any claim arising out of the services provided by a permittee or the nonprofit volunteer organization pursuant to this article shall be determined in the same manner and by the same standards as if the permittee was authorized to practice in this state.
(b) The nonprofit youth organization shall carry liability insurance in limits of no less than $1 million per person, and $3 million per occurrence and $50,000 for property damage and this insurance shall extend to the acts of any nonprofit volunteer permittees providing services under this article and shall be primary to any other available insurance.
(c) The liability of nonprofit volunteer permittees shall be limited to the amount of liability insurance available to them under subsection (b) unless the act or omission giving rise to the permittee's liability was the result of willful misconduct: Provided, That permittees deputized by the Superintendent of the West Virginia State Police pursuant to section four of this article and subsection (e), section twelve, article two, chapter fifteen of the code, shall not be considered an insured under the terms of the liability insurance policy provided West Virginia state agencies through the state Board of Risk and Insurance Management.
(d) The West Virginia appropriate licensing agency shall not be liable for any harm or claim arising solely out of the actions of any permittee exempt from obtaining authorization to practice in this state pursuant to this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 30. Emergency Volunteer Health Practitioners Act › §29-30-4. Regulation During an Emergency

(a) While an emergency declaration is in effect, the Governor or his or her designee may limit, restrict or otherwise regulate:
(1) The duration of practice by volunteer health practitioners;
(2) The geographical areas in which volunteer health practitioners may practice;
(3) The types of volunteer health practitioners who may practice; and
(4) Any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.
(b) An order issued pursuant to this section may take effect immediately.
(c) A host entity that uses volunteer health practitioners to provide health or veterinary services in this state shall:
(1) Consult and coordinate its activities with the Governor or his or her designee to the extent practicable to provide for the efficient and effective use of volunteer health practitioners; and
(2) Comply with any laws of this state relating to the management of emergency health or veterinary services.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 30. Emergency Volunteer Health Practitioners Act › §29-30-5. Volunteer Health Practitioner Registration System

(a) To qualify as a volunteer health practitioner registration system, a system must:
(1) Accept applications for the registration of volunteer health practitioners before or during an emergency;
(2) Include information about the licensure and good standing of health practitioners which is accessible by authorized persons;
(3) Be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided pursuant to this article; and
(4) Meet one of the following conditions:
(A) Be an emergency system for advance registration of volunteer health care practitioners established by a state and funded through the Department of Health and Human Services pursuant to Section 319I of the Public Health Services Act, 42 U. S. C. Section 247d-7b, as amended;
(B) Be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed pursuant to Section 2801 of the Public Health Services Act, 42 U.S.C. Section 300hh as amended;
(C) Be operated by a:
(i) Disaster relief organization;
(ii) Licensing board;
(iii) National or regional association of licensing boards or health practitioners;
(iv) Health facility that provides comprehensive inpatient and outpatient health care services, including a tertiary care and teaching hospital; or
(v) Governmental entity; or
(D) Be designated by the Governor or his or her designee as a registration system for purposes of this article.
(b) While an emergency declaration is in effect, the Governor or his or her designee or a host entity, may confirm whether volunteer health practitioners utilized in this state are registered with a registration system that complies with this article. Confirmation is limited to obtaining identities of the practitioners from the system and determining whether the system indicates that the practitioners are licensed and in good standing.
(c) Upon request of a person in this state authorized pursuant to this article, or a similarly authorized person in another state, a registration system located in this state shall notify the person of the identities of volunteer health practitioners and whether the practitioners are licensed and in good standing.
(d) A host entity is not required to use the services of a volunteer health practitioner even if the practitioner is registered with a registration system that indicates that the practitioner is licensed and in good standing.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 30. Emergency Volunteer Health Practitioners Act › §29-30-6. Recognition of Volunteer Health Practitioners Licensed in Other States

(a) While an emergency declaration is in effect, a volunteer health practitioner, registered with a registration system pursuant to this article and licensed and in good standing in the state upon which the practitioner’s registration is based, may practice in this state to the extent authorized by this article as if the practitioner were licensed in this state.
(b) A volunteer health practitioner qualified pursuant to this article is not entitled to the protections of this article if the practitioner is licensed in more than one state and any license of the practitioner is suspended, revoked or subject to an agency order limiting or restricting practice privileges, or has been voluntarily terminated under threat of sanction.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 30. Emergency Volunteer Health Practitioners Act › §29-30-9. Relation to Other Laws

(a) Nothing contained in this article limits rights, privileges or immunities provided to volunteer health practitioners by laws other than this article. Except as otherwise provided in subsection (b) of this section, this article does not affect requirements for the use of health practitioners pursuant to the Emergency Management Assistance Compact.
(b) The West Virginia Department of Health and Human Resources, pursuant to the Emergency Management Assistance Compact, may incorporate into the emergency forces of this state volunteer health practitioners who are not officers or employees of this state, a political subdivision of this state or a municipality or other local government within this state.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 30. Emergency Volunteer Health Practitioners Act › §29-30-10. Limitation of Liability

(a) Subject to subsection (b) of this section, a volunteer health practitioner who provides health or veterinary services pursuant to this article is not liable for damages for an act or omission of the practitioner in providing those services unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless or criminal conduct.
(b) This section does not limit the liability of a volunteer health practitioner for:
(1) Willful misconduct or wanton, grossly negligent, reckless or criminal conduct;
(2) An intentional tort;
(3) Breach of contract;
(4) A claim asserted by a host entity or by an entity located in this or another state which employs or uses the services of the practitioner; or
(5) An act or omission relating to the operation of a motor vehicle, vessel, aircraft or other vehicle.
(c) A person that operates, uses or relies upon information provided by a volunteer health practitioner registration system is not liable for damages for an act or omission relating to that operation, use or reliance unless the act or omission is an intentional tort or is willful misconduct or wanton, grossly negligent, reckless or criminal conduct.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 30. Emergency Volunteer Health Practitioners Act › §29-30-11. Rulemaking

The Secretary of the Department of Health and Human Resources may promulgate rules pursuant to article three, chapter twenty-nine-a of this code to implement the provisions of this article. These rules shall include measures to facilitate the receipt of benefits for injury or death pursuant to the workers’ compensation laws of this state by volunteer health practitioners who reside in other states.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 31. State Resiliency and Flood Protection Plan Act › §29-31-1. Short Title; Legislative Findings; Purpose

(a) This article may be known and cited as the "Resiliency and Flood Protection Planning Act".
(b) The West Virginia Legislature finds that:
(1) Flooding has affected each of the 55 counties and 32 major watersheds within the state;
(2) Over the past 52 years, more than 282 West Virginians have died in floods;
(3) Between January 1996 and January 2017, there were 27 federal disaster declarations in West Virginia involving flooding;
(4) Between January 2010 and December 2021, West Virginia was impacted by more than 1,600 separate flood events;
(5) In June 2016, much of West Virginia suffered devastating flooding; and
(6) Despite the many state and federal flood protection programs and projects, flooding continues to be West Virginias most common and widespread natural disaster.
(c) It is the purpose of this article to:
(1) Provide a comprehensive and coordinated statewide resiliency and flood protection planning program to save lives, and develop community and economic resiliency plans including, but not limited to, reducing or mitigating flood damage while supporting economic growth and protecting the environment; and
(2) Provide for funding mechanisms to implement such state and community plans developed through the program.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 31. State Resiliency and Flood Protection Plan Act › §29-31-4. Reporting to the Joint Legislative Committee on Flooding

The State Resiliency Officer shall report, at a minimum of quarterly, to the Joint Legislative Committee on Flooding, created pursuant to 4-15-1
et seq.
of this code, in sufficient detail for the committee to be aware of the activities of the office to assure progress toward reducing and mitigating flood damage within this state while respecting and complying with the Takings Clause of the United States Constitution, the West Virginia Constitution, and related precedential court opinions, and to develop legislative recommendations and shall submit an annual report to the committee by December 31 of each year, along with any recommended legislation, budget requests and a summary of the activities of the office for the previous year.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 31. State Resiliency and Flood Protection Plan Act › §29-31-5. Employees

(a) The State Resiliency Officer shall have the power to hire, administer, and manage employees necessary to fulfill its responsibilities.
(1) All employees will be exempt from both the classified services category and the classified-exempt services category as set forth in 29-6-4 of this code.
(2) Employee positions are contingent upon the receipt of the necessary federal and/or state funds.
(3) Each employee hired shall be deemed an at-will employee who may be discharged or released from his or her respective position without cause or reason.
(4) Employees may participate in the PEIA, PERS, and workers' compensation and unemployment compensation programs, or their equivalents. Public safety-related positions will continue to require dual status membership as outlined in 15-1B-26 of this code.
(5) All employees and officers of the State Resiliency Office who are entrusted with funds or property shall execute surety bonds.
(b) The State Resiliency Officer will set appropriate salary rates for employees equivalent to a competitive wage rate necessary to support a specific mission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 31. State Resiliency and Flood Protection Plan Act › §29-31-6. West Virginia Disaster Recovery Trust Fund

(a) There is hereby created a special trust fund which shall be designated and known as the West Virginia Disaster Recovery Trust Fund to be administered by the State Resiliency Officer. The recovery fund shall consist of: (1) Any appropriations, grants, gifts, contributions, or revenues received by the recovery fund from any source, public or private; and (2) all income earned on moneys, properties, and assets held in the Recovery Fund. When any funds are received by the State Resiliency Officer from any source for the purpose of disaster recovery, they shall be paid into the Recovery Fund, and shall be disbursed and otherwise managed in the manner set forth in this article unless such a transfer is not allowable by law. The Recovery Fund shall be treated by the Auditor and Treasurer as a special revenue fund and not as part of the general revenues of the state.
(b) All moneys, properties, and assets acquired by the State of West Virginia in the Disaster Recovery Trust Fund shall be held by it in trust for the purposes of carrying out its powers and duties and shall be used and reused in accordance with the purposes and provisions of this article. Such moneys, properties, and assets shall at no time be commingled with other public funds except as authorized for investment under 29-31-8 of this code. Disbursements from the Recovery Fund shall be made only upon the written requisition of the State Resiliency Officer as set forth in 29-31-7 and 29-31-8 of this code. If no need exists for immediate use or disbursement, moneys, properties, and assets in the Recovery Fund shall be invested or reinvested by the State Resiliency Officer as provided in this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 31. State Resiliency and Flood Protection Plan Act › §29-31-8. Powers and Duties Related to the West Virginia Disaster Recovery Trust Fund

The State Resiliency Officer is hereby granted, has and may exercise all powers necessary or appropriate to carry out and effectuate the purposes set forth in 29-31-7 of this code. The State Resiliency Officer has the power:
(1) To accept appropriations, gifts, grants, bequests, and devises from any source, public or private, for deposit into the Recovery Fund, and to use or dispose of the same to provide assistance to any person, political subdivision, or local organization for recovering from a disaster, or otherwise involved in disaster recovery activities;
(2) To make and execute contracts, leases, releases, and other instruments necessary or convenient for the exercise of its power;
(3) To make, and from time to time, amend, and repeal bylaws for the governance of its activities not inconsistent with the provisions of this article;
(4) To sue and be sued;
(5) To acquire, hold, and dispose of real and personal property;
(6) To enter into agreements or other transactions with any federal or state agency, political subdivision, or person;
(7) To provide for the deposit of any funds or assets of the West Virginia Disaster Recovery Trust Fund with the state Treasurer for investment pursuant to 12-6C-6 of this code;
(8) To procure insurance against any loss in connection with its property in such amounts, and from such insurers, as may be necessary or desirable;
(9) To provide financial assistance to state and local governmental entities for the nonfederal share for federal disaster assistance programs;
(10) To provide for financial assistance to homeowners and communities that are not eligible for Community Development Block Grant-Disaster Recovery and other federal funding assistance;
(11) To provide loans and grants to local governments in disaster areas that need immediate cash flow assistance;
(12) To provide grants to governmental entities and organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code to repair or replace infrastructure or equipment damaged as a result of a natural disaster;
(13) To provide financial assistance for verifiable losses of agricultural commodities due to a natural disaster; and
(14) Do all acts necessary and proper to carry out the powers granted to the State Resiliency Office within its disaster recovery mission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 31. State Resiliency and Flood Protection Plan Act › §29-31-9. Capitalization of the West Virginia Disaster Recovery Trust Fund

(a) The West Virginia Disaster Recovery Trust Fund may be granted an initial one-time allocation of $10 million in state general funds for the purposes outlined in this article.
(b) The State Resiliency Officer shall, with the concurrence of the State Auditor, present an expenditure report to the State Resiliency Office Board by no later than December 1 annually.
(c) Upon review and verification by the State Resiliency Office Board that all expenditures within the West Virginia Disaster Recovery Trust Fund expenditure report are valid and justified uses of Recovery Fund resources, the State Resiliency Office Board shall submit to the Governor by no later than December 31 annually a budget and may request to replenish the Recovery Fund up to its initial $10 million capitalization.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 31. State Resiliency and Flood Protection Plan Act › §29-31-10. West Virginia Flood Resiliency Trust Fund

(a) There is hereby created a special trust fund which shall be designated and known as the West Virginia Flood Resiliency Trust Fund to be administered by the State Resiliency Officer. The Flood Fund shall consist of: (1) Any appropriations, grants, gifts, contributions, or revenues received by the Flood Fund from any source, public or private; and (2) all income earned on moneys, properties, and assets held in the Flood Fund. When any funds are received by the State Resiliency Officer from any source for flood resiliency activities, they shall be paid into the Flood Fund, and shall be disbursed and otherwise managed in the manner set forth in this article. The Flood Fund shall be treated by the Auditor and Treasurer as a special revenue fund and not as part of the general revenues of the state.
(b) All moneys, properties, and assets acquired by the State of West Virginia in the Flood Fund shall be held by it in trust for the purposes of carrying out its powers and duties and shall be used and reused in accordance with the purposes and provisions of this article. Such moneys, properties, and assets shall at no time be commingled with other public funds except as authorized for investment under 29-31-12 of this code. Disbursements from the Flood Fund shall be made only upon the written requisition of the State Resiliency Officer as set forth in 29-31-11 and 29-31-12 of this code. If no need exists for immediate use or disbursement, moneys, properties, and assets in the Flood Fund shall be invested or reinvested by the State Resiliency Officer as provided in this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 31. State Resiliency and Flood Protection Plan Act › §29-31-12. Powers and Duties Related to the West Virginia Flood Resiliency Trust Fund

The State Resiliency Officer is hereby granted, has, and may exercise all powers necessary or appropriate to carry out and effectuate the purposes set forth in 29-31-11 of this code. The State Resiliency Officer has the power:
(1) To accept appropriations, gifts, grants, bequests, and devises from any source, public or private, for deposit into the Flood Fund, and to use or dispose of the same to provide assistance to any person, political subdivision, or local organization for flood resiliency, flood prevention, and flood protection activities;
(2) To make and execute contracts, leases, releases, and other instruments necessary or convenient for the exercise of its power;
(3) To make, and from time to time, amend, and repeal bylaws for the governance of its activities not inconsistent with the provisions of this article;
(4) To sue and be sued;
(5) To acquire, hold, and dispose of real and personal property;
(6) To enter into agreements or other transactions with any federal or state agency, political subdivision, or person;
(7) To provide for the deposit of any funds or assets of the West Virginia Flood Resiliency Trust Fund with the state Treasurer for investment pursuant to 12-6C-6 of this code;
(8) To procure insurance against any loss in connection with its property in such amounts, and from such insurers, as may be necessary or desirable;
(9) To procure services related to the development and updating of the state Flood Resiliency Plan;
(10) To provide loans or grants to political subdivisions and individual beneficiaries for the purpose of implementing activities proposed and outlined within the Flood Resiliency Plan;
(11) To provide loans or grants to governmental entities and organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code for the purpose of implementing activities proposed and outlined within the Flood Resiliency Plan;
(12) To provide loans or grants to political subdivisions for the purpose of conducting flood prevention and protection studies in areas that are subject to recurrent flooding as confirmed by a locality-certified floodplain manager; and
(13) Do all acts necessary and proper to carry out the powers granted to the State Resiliency Office for flood resiliency activities.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 31. State Resiliency and Flood Protection Plan Act › §29-31-13. Capitalization of the West Virginia Flood Resiliency Trust Fund

(a) The West Virginia Flood Resiliency Trust Fund may be granted an initial one-time allocation of $40 million in state general funds for the purposes outlined in this article.
(b) The State Resiliency Officer shall, with the concurrence of the State Auditor, present an expenditure report to the State Resiliency Office Board by no later than December 1 annually.
(c) Upon review and verification by the State Resiliency Office Board that all expenditures within the West Virginia Flood Resiliency Trust Fund expenditure report are valid and justified uses of Flood Fund resources, the State Resiliency Office Board shall submit to the Governor by no later than December 31 annually a budget and may request to replenish the Flood Fund up to its initial $40 million capitalization.
(d) Upon state receipt of Community Development Block Grant-Disaster Recovery funds in relation to a flood disaster event, and in order to provide the state with the flexibility required to provide assistance to any person, political subdivision, or local organization recovering from the flood disaster event, a minimum of six percent of those funds shall be dedicated for the purposes of Flood Resiliency Plan development and implementation activities to the extent that those purposes are in compliance with applicable federal laws and regulations governing such funds and compatible with the states long-term recovery goals.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 31. State Resiliency and Flood Protection Plan Act › §29-31-14. Tax Exemption

The State Resiliency Officer shall not be required to pay any taxes and assessments to the state or any political subdivision of the state upon any of its moneys, properties, or assets or upon its obligations or other evidences of indebtedness pursuant to the provisions of this article, or upon any moneys, funds, revenues, or other income held or received into the West Virginia Disaster Recovery Trust Fund or the West Virginia Flood Resiliency Trust Fund.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 32. Medal of Valor › §29-32-1. Medal of Valor

(a) There is hereby established a Medal of Valor to be awarded to firefighters, law-enforcement officers, and emergency medical services personnel who distinguish themselves conspicuously by gallantry and intrepidity at the risk of their lives above and beyond the call of duty in the performance of their duties.
(b) A Medal of Valor may only be awarded in the manner set forth in this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 32. Medal of Valor › §29-32-2. First Responders Honor Board

(a) The First Responders Honor Board is hereby established within the Department of Homeland Security as an advisory board to the Legislature. The purpose of the board is to recommend to the Legislature firefighters, law-enforcement officers, and emergency medical services personnel in West Virginia who have distinguished themselves conspicuously by gallantry and intrepidity at the risk of their lives above and beyond the call of duty in the performance of their duties to be awarded a Medal of Valor.
(b) Board membership.
(1) The board shall consist of two members from each of the states senatorial districts. Each state senator shall appoint one member representing his or her district.
(2) The board shall be composed of firefighters; fire chiefs; law enforcement officials such as sheriffs, correctional officers, and police chiefs; emergency medical services personnel; medical officials; doctors; and other professionals who are qualified to evaluate and determine whether the actions of firefighters, law-enforcement officers, and emergency medical services personnel rise to the level of being above and beyond the call of duty.
(3) Members shall serve a three-year term and shall serve without compensation.
(4) The board shall annually select a member to serve as the chair. The board shall hold at least one annual meeting. The date, time, and place of the meetings shall be established upon its own resolution or at the call of the chair of the board. Notice of each meeting shall be given to each member by the chair and in compliance with the open meetings laws of the state. A majority of the members of the board serving at any one time constitutes a quorum for the transaction of business.
(c) The board may consider candidates for the Medal of Valor who are identified by members of the board or by other citizens, and may design a system for the receipt of those recommendations.
(d) The board shall review identified individuals to determine if those firefighters, law-enforcement officers, and emergency medical services personnel have gone above and beyond the call of duty in their professional capacities. Upon determination that a firefighter, law-enforcement officer, or emergency medical services personnel is worthy of this honor, the board shall submit the nomination to the Speaker of the House of Delegates and the President of the Senate for consideration by the Legislature no later than the first day of the next legislative session, whether a regular session or extraordinary session.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 32. Medal of Valor › §29-32-5. Awarding of the Medal of Valor

(a) The Legislature may act on a nomination from the Honor Board established by this article by passing a concurrent resolution.
(b) Upon nomination by the First Responders Honor Board, and adoption of a concurrent resolution by the Legislature, the Governor shall bestow the Medal of Valor upon the nominee.
(c) The West Virginia Department of Arts, Culture and History shall create the design for the Medal of Valor established by this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 33. Review and Credential Acknowledgement Procedures Act › §29-33-2. Definitions

The words defined in this section have the meanings given them for purposes of this article unless the context clearly requires otherwise.
"Board" means a government agency, board, department, or other government entity that regulates a lawful occupation and issues an occupational license or other authorization to practice to an individual.
"Lawful occupation" means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling them is subject to an occupational license.
"Occupational license" is a nontransferable authorization in law for an individual to perform or practice a lawful occupation based on meeting personal qualifications established by the Legislature. In an occupation for which a license is required, it is illegal for an individual who does not possess a valid occupational license to perform or practice the occupation.
"Other authorization to practice" is a nontransferable acknowledgment, other than a license, by a state government or board that is provided to an individual asserting that the individual has met the educational and examination requirements to engage in a lawful occupation.
"Other state" or "another state" means any United States territory or state in the United States other than West Virginia.
"Scope of practice" means the procedures, actions, processes, and work that a person may perform under an occupational license or other authorization to practice issued in this state.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 33. Review and Credential Acknowledgement Procedures Act › §29-33-3. Occupational License or Other Authorization to Practice

(a) Notwithstanding any other law, the board shall issue an occupational license or other authorization to practice to a person upon application, if all the following apply:
(1) The person holds a valid occupational license or other authorization to practice in another state in a lawful occupation with a similar scope of practice and with education, experience, and examination requirements for licensure or authorization to practice similar to those of this state, as determined by the board in this state;
(2) The person has held the occupational license or other authorization to practice in the state where he or she holds a valid license or other authorization to practice for at least one year;
(3) The person has met all educational and examination requirements for occupational licensure or other authorization to practice in the state where he or she holds a valid license;
(4) The person is in good standing with the board in every other state where he or she holds a valid license;
(5) The person has established residency as a West Virginia resident as defined by 11-21-7(a) of this code;
(6) The person does not have a disqualifying criminal record as determined by the board in this state;
(7) The person has never had his or her license or other authorization to practice revoked by the board in another state because of negligence or intentional misconduct related to the persons work in the occupation;
(8) The person did not surrender an occupational license or other authorization to practice because of negligence or intentional misconduct related to the persons work in the occupation in another state;
(9) The person does not have a complaint, allegation, or investigation pending before a board in another state. If the person has a complaint, allegation, or investigation pending, the board in this state shall not issue or deny an occupational license or other authorization to practice to the person until the complaint, allegation, or investigation is resolved; and
(10) The person pays all applicable fees and meets all applicable bonding requirements in this state.
(b) If West Virginia requires an occupational license to lawfully work in a profession, and another state does not issue an occupational license for the same profession and instead issues another authorization to practice, West Virginia shall issue an occupational license to the person if the person otherwise satisfies subsection (a) of this section.
(c) Any person issued a license under this article must comply with all relevant continuing education requirements to renew a license established by the board and any other rule promulgated by the board as required in 29-33-8 of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 33. Review and Credential Acknowledgement Procedures Act › §29-33-4. Work Experience

Notwithstanding any other law, the board shall issue an occupational license or other authorization to practice to a person upon application based on work experience in another state, if all the following apply:
(1) The person worked in a state that does not use an occupational license or other authorization to practice that regulates a lawful occupation, but this state uses an occupational license or other authorization to practice that regulates a lawful occupation with a similar scope of practice, as determined by the board;
(2) The person worked for at least two years in the lawful occupation and has acquired experience demonstrating knowledge and proficiency in the occupation similar to that which may be achieved through compliance with the education and examination requirements to practice of this state, as determined by the board;
(3) The person has taken and passed any required national examinations to lawfully practice the occupation or use a title in connection with an occupation in another state; and
(4) The person satisfies 29-33-3(a)(5), 29-33-3(a)(6), and 29-33-3(a)(10) of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 33. Review and Credential Acknowledgement Procedures Act › §29-33-7. Appeal

(a) The person may appeal the boards decision to a court of general jurisdiction in the county where the person resides.
(b) The person may appeal the boards:
(1) Denial of an occupational license or other authorization to practice;
(2) Determination of the occupation;
(3) Determination of the similarity of the scope of practice of the occupational license or other authorization to practice; or
(4) Other determinations under this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 33. Review and Credential Acknowledgement Procedures Act › §29-33-9. Limitations

(a) An occupational license or other authorization to practice issued pursuant to this article is valid only in West Virginia. It does not make the person eligible to work in another state under an interstate compact or reciprocity agreement unless otherwise provided in law.
(b) Nothing in this article prevents West Virginia from entering into a licensing compact or reciprocity agreement with another state, foreign province, or foreign country.
(c) Nothing in this article prevents West Virginia from recognizing occupational credentials issued by a foreign province, foreign country, international organization, or other entity.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 33. Review and Credential Acknowledgement Procedures Act › §29-33-10. Cost for Application

The board may charge a fee to the person to recoup its costs. The fee may not exceed the cost of an application for original licensure charged by the board. Any application for renewing a license after obtaining a license under this article shall comply with the boards established renewal procedures and fee schedule.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 34. West Virginia Workforce Resiliency Act › §29-34-1. Short Title; Purpose

(a) This article may be known and cited as the West Virginia Workforce Resiliency Act.
(b) It is the purpose of this article to establish an office within the Office of the Governor to coordinate workforce development, job training, education, and related programs and initiatives across agencies and entities to continue to grow West Virginias workforce and provide greater options for West Virginians seeking work and West Virginia businesses seeking employees.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 34. West Virginia Workforce Resiliency Act › §29-34-2. West Virginia Workforce Resiliency Office

(a) It is determined that a state authority is necessary to coordinate and better facilitate efforts toward workforce development, job training, education, and resource management between government agencies, private partners, federal programs, and all other entities working to develop, train, and reinvigorate West Virginias workforce. Therefore, the West Virginia Workforce Resiliency Office is hereby created.
(b) The West Virginia Workforce Resiliency Office shall be organized within the Office of the Governor:
(1) The West Virginia Workforce Resiliency Officer shall be appointed by the Governor with the advice and consent of the Senate;
(2) The West Virginia Workforce Resiliency Officer shall be vested with the authority and duties prescribed to the office within this article; and
(3) The West Virginia Workforce Resiliency Officer shall be a person who has managerial or strategic planning experience in matters relating to workforce development, job training, or related fields.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 34. West Virginia Workforce Resiliency Act › §29-34-3. Authority of West Virginia Workforce Resiliency Office and West Virginia Workforce Resiliency Officer

The West Virginia Workforce Resiliency Officer shall:
(a) Coordinate and work with the Commissioner of WorkForce West Virginia; the Secretary of the Department of Economic Development; the Secretary of the Department of Commerce; the Secretary of the Department of Health and Human Resources; the Secretary of the Department of Tourism; the Chancellor of the Higher Education Policy Commission; the President of West Virginia University; the President of Marshall University; the Director of the West Virginia Economic Development Authority; and such other representatives of private and public partners involved in workforce development as the West Virginia Workforce Resiliency Officer may deem necessary, to facilitate and unify efforts for workforce development, job training, and education of West Virginias workforce.
(b) Assist in the development, implementation, and management of a common application for workforce development, job training, and wrap-around services available across agencies and programs, which shall be established to ensure that West Virginians encounter no wrongdoer when seeking out services and programs that may be available to them.
(c) Advise the Office of the Governor on the status and overall workforce development landscape across the State of West Virginia and assist in developing policies, plans, and procedures that will ensure that state agencies, private partners, and federal programs are efficiently, effectively, and properly utilized for workforce development across the State of West Virginia.
(d) Propose opportunities for legislative changes to the Office of the Governor that may result in more efficient, effective, and expedient access to programs across the State of West Virginia to improve workforce development.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 34. West Virginia Workforce Resiliency Act › §29-34-4. Employees of the Office

(a) The West Virginia Workforce Resiliency Officer shall have the power to hire, administer, and manage employees necessary to fulfill its responsibilities:
(1) All employees will be exempt from both the classified services category and the classified-exempt services category as set forth in 29-6-4 of this code;
(2) Employee positions are contingent upon the receipt of necessary federal and/or state funds;
(3) Each employee hired shall be deemed an at-will employee who may be discharged or released from his or her respective position without cause or reason;
(4) Due to the at-will employment relationship with the office, its employees may not avail themselves of the state grievance procedure as set forth in 6C-2-1
et seq
. of this code;
(5) Employees may participate in the PEIA, PERS, workers compensation, and unemployment compensation programs, or their equivalents; and
(6) All employees and officers of the West Virginia Workforce Resiliency Office who are entrusted with funds or property shall execute surety bonds.
(b) The West Virginia Workforce Resiliency Officer will set appropriate salary rates for employees equivalent to a competitive wage rate necessary to support a specific mission.