reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12A. Governmental Tort Claims and Insurance Reform Act › §29-12A-6. Limitation of Actions; Specification of Amount of Damages Not Allowed

(a) An action against a political subdivision to recover damages for injury, death, or loss to persons or property allegedly caused by any act or omission in connection with a governmental or proprietary function, except as provided in subsection (b) of this section, shall be brought within two years after the cause of action arose or after the injury, death or loss was discovered or reasonably should have been discovered, whichever last occurs or within any applicable shorter period of time for bringing the action provided by this code. This section applies to actions brought against political subdivisions by all persons, governmental entities, and the state.
(b) An action against a political subdivision to recover damages for injury, death, or loss to a minor, brought by or on behalf of a minor who was under the age of ten years at the time of such injury, shall be commenced within two years after the cause of action arose or after the injury, death of loss was discovered or reasonably should have been discovered, whichever last occurs, or prior to the minor's twelfth birthday, whichever provides the longer period.
(c) The periods of limitations set forth in this section shall be tolled for any period during which the political subdivision or its representative has committed fraud or collusion by concealing or misrepresenting material facts about the injury.
(d) In the complaint filed in a civil action against a political subdivision or an employee of a political subdivision to recover damages for injury, death, or loss to persons or property allegedly caused by an act or omission of such political subdivision or employee, whether filed in an original action, cross-claim, counterclaim, third-party claim, or claim for subrogation, the complainant shall include a demand for a judgment for the damages that the judge in a nonjury trial or the jury in a jury trial finds that the complainant is entitled to be awarded, but shall not specify in the demand any monetary amount for damages sought.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12A. Governmental Tort Claims and Insurance Reform Act › §29-12A-9. Settlement or Defense of Suit; Effect of Liability Insurance

(a) If a policy or contract of liability insurance covering a political subdivision or its employees is applicable, the terms of the policy govern the rights and obligations of the political subdivision and the insurer with respect to the investigation, settlement, payment and defense of suits against the political subdivision, or its employees, covered by the policy. The insurer may not enter into a settlement for an amount which exceeds the insurance coverage.
(b) A political subdivision, or its employees, are not liable for any costs, judgments or settlements paid through an applicable contract or policy of insurance.
(c) A political subdivision has the right of indemnity against the insurer issuing any applicable contract or policy of insurance to the monetary limit of the contract or policy of insurance.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12A. Governmental Tort Claims and Insurance Reform Act › §29-12A-10. Enforcement of Judgment

(a) Real or personal property, and moneys, accounts, deposits, or investments of a political subdivision are not subject to execution, judicial sale, garnishment, or attachment to satisfy a judgment rendered against a political subdivision in a civil action to recover damages for injury, death, or loss to persons or property caused by an act or omission of the political subdivision or any of its employees.
(b) Such judgments shall be paid from funds of the political subdivisions that have been appropriated for that purpose. However, if sufficient funds are not currently appropriated for the payment of judgments, the fiscal officer of a political subdivision shall certify the amount of any unpaid judgments to the taxing authority of the political subdivision for inclusion in the next succeeding budget and annual appropriation measure and payment in the next succeeding fiscal year.
(c) If the judgment is obtained against a political subdivision that has procured a contract or policy of liability or indemnity insurance protection, the holder of the judgment may use the methods of collecting the judgment which are provided by the policy or contract or law to the extent of the limits of coverage provided.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12A. Governmental Tort Claims and Insurance Reform Act › §29-12A-11. Defense and Indemnification of Employees; Settlement

(a) (1) Except as otherwise provided in this section, a political subdivision shall provide for the defense of an employee, in any state or federal court, in any civil action or proceeding to recover damages for injury, death, or loss to persons or property allegedly caused by an act or omission of the employee if the act or omission occurred or is alleged to have occurred while the employee was acting in good faith and not manifestly outside the scope of his employment or official responsibilities. Amounts expended by a political subdivision in the defense of its employees shall be from funds appropriated for this purpose or pursuant to the contractual agreement between the insurer and the political subdivision. The duty to provide for the defense of an employee specified in this subsection does not apply in a civil action or proceeding that is commenced by or on behalf of a political subdivision.
(2) Except as otherwise provided in this section, a political subdivision shall indemnify and hold harmless an employee in the amount of any judgment that is obtained against the employee in a state or federal court or as a result of a law of a foreign jurisdiction and that is for damages for injury, death, or loss to persons or property caused by an act or omission of such employee, if at the time of the act or omission the employee was acting in good faith and within the scope of his employment or official responsibilities.
(b) (1) A political subdivision may enter into a consent judgment or settlement and may secure releases from liability for itself or an employee, with respect to any claim for injury, death, or loss to persons or property caused by an act or omission of such political subdivision or employee.
(2) No action or appeal of any kind shall be brought by any person, including any employee or a taxpayer, with respect to the decision of a political subdivision pursuant to subsection (b)(1) of this section whether to enter into a consent judgment or settlement or to secure releases, or concerning the amount and circumstances of a consent judgment or settlement. Amounts expended for any settlement shall be from funds appropriated for this purpose or pursuant to the contractual agreement between the insurer and the political subdivision.
(c) If a political subdivision refuses to provide an employee with a defense in a civil action or proceeding as described in subsection (a)(1) of this section, the employee may file, in the circuit court of the county in which the political subdivision is located, an action seeking a determination as to the appropriateness of the refusal of the political subdivision to provide him or her with a defense under that subsection.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12A. Governmental Tort Claims and Insurance Reform Act › §29-12A-12. Recovery of Payments From Employees

A political subdivision has the right to recover from an employee for any claim or action under this article, or any other claim or action, any payments made by it for any judgment or settlement, or portion thereof, and costs or fees by or on behalf of an employee's defense if it is shown that the conduct or the employee which gave rise to the claim or action was outside the scope of his employment or if the employee fails to cooperate in good faith in the defense of the claim or action. A judgment or settlement in an action or claim under this article constitutes a complete bar to any action by a claimant against an employee whose conduct gave rise to the claim resulting in such judgment or settlement.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12A. Governmental Tort Claims and Insurance Reform Act › §29-12A-13. Venue; Parties; Real Party in Interest; Service of Process

(a) Actions against all political subdivisions within the scope of this article shall be brought in the county in which the situs of the political subdivision is located or in the county in which the cause of action arose.
(b) Suits instituted pursuant to the provisions of this article shall name as defendant the political subdivision against which liability is sought to be established. In no instance may an employee of a political subdivision acting within the scope of his employment be named as defendant.
(c) All actions filed against a political subdivision shall be filed in the name of the real party or parties in interest and in no event may any claim be presented or recovery be had under the right of subrogation.
(d) In suits against political subdivisions, the complaint and summons shall be served in the manner prescribed by law for the rules of civil procedure.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12A. Governmental Tort Claims and Insurance Reform Act › §29-12A-14. Application of West Virginia Laws and Statutes and Rules of Procedure

The laws and statutes of this state and the rules of civil procedure, as promulgated and adopted by the Supreme Court of Appeals, insofar as applicable and to the extent that such rules are not inconsistent with the provisions of this article, apply to and govern all actions brought under the provisions of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12A. Governmental Tort Claims and Insurance Reform Act › §29-12A-15. Exempt Claim

This article does not apply to any claim against any political subdivision or its employees arising before the effective date of this article. Any such claim may be presented and enforced to the same extent and subject to the same procedures and restrictions as if this article had not been adopted.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12A. Governmental Tort Claims and Insurance Reform Act › §29-12A-17. Liability Insurance Rates; Rate Filings; Cancellations; Group Insurance

(a) Liability insurance coverage for political subdivisions in effect on the effective date of this article shall not be reduced without the written consent of the insured and the policy premiums for such coverage shall not be increased by more than ten percent per annum. Such coverage shall not be cancelled except for:
(1) Failure to make premium payments in accordance with the policy requirements;
(2) Fraud or substantial misrepresentation by the insured in the procurement of the policy; or
(3) Substantial increase in the risk of loss to which the insurer is exposed under the policy.
(b) Each casualty insurance rate filing relating to liability insurance for political subdivisions shall be accompanied by such information as the Insurance Commissioner requires to determine claims payouts, premium income, investment income, loss reserves, federal and state credits, administrative and operating expenses, profits, losses, and such other information deemed necessary by the commissioner to determine the profitability of such insurance business engaged in by the company. Based upon such information, the commissioner may approve or disapprove an increase in premiums charged to the political subdivisions for such coverage or may require that such premiums charged by decreased. The commissioner shall have authority to disapprove any casualty insurance rate filing which includes such coverage to political subdivisions for failure to provide the information prescribed herein.
(c) Any two or more political subdivisions shall have authority to form an organization or association for the purpose of purchasing casualty insurance on a group or pooling basis.
Any insurer licensed to transact casualty insurance in this state may issue group casualty insurance policies to any organization, association or pool which is organized and maintained under this section.
(d) The Insurance Commissioner shall promulgate legislative rules or regulations pursuant to chapter twenty-nine-a of this code setting forth guidelines relating to rate filings, rates and cancellations with respect to insurance companies transacting policies of casualty insurance with political subdivisions and relating to establishment of associations or pools for the purchase of group insurance and the setting of group rates.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12A. Governmental Tort Claims and Insurance Reform Act › §29-12A-18. Applicability

This article does not apply to, and shall not be construed to apply to, the following:
(a) Civil actions that seek to recover damages from a political subdivision or any of its employees for contractual liability;
(b) Civil actions by an employee, or the collective bargaining representative of an employee, against his or her political subdivision relative to any matter that arises out of the employment relationship between the employee and the political subdivision;
(c) Civil actions by an employee of a political subdivision against the political subdivision relative to wages, hours, conditions, or other terms of his or her employment;
(d) Civil actions by sureties, and the rights of sureties, under fidelity or surety bonds;
(e) Civil claims based upon alleged violations of the Constitution or statutes of the United States except that the provisions of section eleven of this article shall apply to such claims or related civil actions.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act › §29-12B-3. Definitions

As used in this article, the following terms have the meanings set forth herein:
(a) "Board" means the state Board of Risk and Insurance Management.
(b) "Health care provider" means:
(1) A person licensed by the West Virginia Board of Medicine to practice medicine in this state;
(2) A person licensed by the West Virginia board of osteopathy to practice medicine in this state;
(3) A podiatrist licensed by the West Virginia Board of Medicine;
(4) An optometrist licensed by the West Virginia board of optometry;
(5) A pharmacist licensed by the West Virginia Board of Pharmacy;
(6) A registered nurse holding an advanced practice announcement from the West Virginia board of examiners for registered professional nurses;
(7) A physician's assistant licensed by either the West Virginia Board of Medicine or the West Virginia board of osteopathy;
(8) A dentist licensed by the West Virginia board of dental examiners;
(9) A physical therapist licensed by the West Virginia board of physical therapy;
(10) A chiropractor licensed by the West Virginia board of chiropractic;
(11) A professional limited liability company or medical corporation certified by the state Board of Medicine;
(12) An association, partnership or other entity organized for the purpose of rendering professional services by persons who are health care providers;
(13) A hospital, medical clinic, psychiatric hospital or other medical facility authorized by law to provide professional medical services; and
(14) Such other health care provider as the board may from time to time approve, and for whom an adequate rate can be established.
"Health care provider" does not include any provider of professional medical services that has medical malpractice insurance pursuant to article twelve of this chapter.
(b) "Sexual acts" means that sexual conduct which constitutes a criminal or tortious act under the laws of West Virginia.
(c) "Prior acts" coverage means coverage for claims arising out of the providing of medical services, including medical treatment, which are first reported to the board during the effective policy period, but which occurred on or after the retroactive date reported in the policy declarations.
(d) "High risk" means the probability of loss is greater than average based on criteria specified in this article and established by the board.
(e)"Retroactive date" means the date designated in the policy declarations, before which coverage is not applicable.
(f) "Tail coverage" or "extended reporting coverage" is coverage that protects the health care provider against all claims arising from professional services performed while the claims-made policy was in effect and included in the policy but reported after the termination of the policy.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act › §29-12B-7. Eligibility Criteria for Participation in Health Care Provider Professional Liability Insurance Programs

(a) Only those health care providers unable to obtain medical professional liability insurance because it is not available through the voluntary insurance market from insurers licensed to transact insurance in West Virginia at rates approved by the commissioner are eligible to obtain coverage pursuant to the provisions of this article: Provided, That any health care provider who can obtain medical professional liability insurance only pursuant to a "consent to" or "guide A" rate agreement is eligible to obtain coverage. Any health care provider who has medical professional liability insurance pursuant to the provisions of article twelve, chapter twenty-nine of this code is not eligible to obtain insurance pursuant to the provisions of this article.
(b) In addition to other eligibility criteria for participation in the health care provider professional liability insurance program established by the provisions of this article or criteria imposed by the board, every participant in the programs shall:
(1) Maintain a policy of not excluding patients whose health care coverage is provided through the West Virginia public employees insurance plan, the West Virginia Children's Health Insurance Program, West Virginia Medicaid or the West Virginia worker's compensation fund based solely on the fact that the person's health care coverage is provided by any of the aforementioned entities;
(2) Annually participate, at his or her own expense, in a risk management program approved by the board relating to risk management; and
(3) Agree in writing to the board's authority to assign his or her policy, individually or collectively, to a third party if the third party coverage is comparable, as determined by the board.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act › §29-12B-8. Preferred Professional Liability Insurance Program

(a) Eligibility to participate in the preferred professional liability insurance program shall be determined by underwriting criteria approved by the board and set forth in a written underwriting manual, and shall be subject to rates approved by the board and set forth in a written rating manual. Participation in the preferred professional liability insurance program shall not be limited based on geographic location or specialty, but may be limited based upon indemnity loss history, number of patient exposures, refusal to participate in risk management/loss control programs or any other grounds the board may approve, as set forth in a written underwriting manual. The board shall periodically review its underwriting manual and make any changes it considers necessary or appropriate.
(b) Qualification for participation in the preferred professional liability insurance program shall be reviewed each year, and any participant may be transferred to the high risk professional liability insurance program, as set forth in the written underwriting manual approved by the board.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act › §29-12B-9. High Risk Professional Liability Insurance Program

(a) The rate charged participants in the high risk professional liability insurance program may be higher than those established and approved by the board for participants in the preferred professional insurance program as set forth in a written rating manual. Risks may be refused coverage under criteria approved by the board, as set forth in its underwriting manual. The Board of Risk and Insurance Management shall periodically review its underwriting manual and make any changes it deems necessary or appropriate.
(b) If a majority of the board determines that a health care provider covered by one of the programs created by this article presents an extreme risk because of the number of claims filed against him or her or the outcome of such claims, said board may, after notice and a hearing in accordance with the provisions of the West Virginia administrative procedures act, chapter twenty-nine-a of this code, terminate coverage for all claims against that health care provider. Coverage shall terminate thirty days after the board's decision. Upon termination of coverage under this subsection, the board shall notify the licensing or disciplinary board having jurisdiction over the health care provider of said provider's name and of the reasons for termination of the coverage.
(c) The board may terminate coverage for a health care provider's failure to pay premiums by providing written notice of such termination by first-class mail no less than thirty days prior to termination of coverage.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act › §29-12B-10. Deposit, Expenditure and Investment of Premiums

(a) The premiums charged and collected by the board under this article shall be deposited into a special revenue account hereby created in the state Treasury known as the "Medical Liability Fund", and shall not be part of the general revenues of the state. Disbursements from the special revenue fund shall be upon requisition of the executive director and in accordance with the provisions of chapter five-a of this code. Disbursements shall pay operating expenses of the board attributed to these programs and the board's share of any judgments or settlements of medical malpractice claims. Funds shall be invested with the consolidated fund managed by the West Virginia Investment Management Board and interest earned shall be used for purposes of this article.
(b) Start-up operating expenses of the medical liability fund, not to exceed $500,000, may be transferred to the medical liability fund pursuant to an appropriation by the Legislature from any special revenue funds available. The medical liability fund shall reimburse the board within twenty-four months of the date of the transfer.
(c) For purposes of establishing a pool from which settlements and judgments may be paid, notwithstanding any other provision of this code to the contrary, a portion of the initial capitalization of the pool may be provided through a transfer of no greater than $4,000,000 from the State Special Insurance Fund established in section five, article twelve of this chapter. All funds transferred pursuant to this section are to be repaid by transfer from the Medical Liability Fund to the State Special Insurance Fund, together with interest that would have accrued in the State Special Insurance Fund, by July 1, 2006. Funds are to be transferred only as needed for expenditures from the Medical Liability Fund created in this section. The Treasurer shall effect these transfers pursuant to this section upon written request of the Director of the Board of Risk and Insurance Management.
(d) On July 1, 2016, all funds in the Medical Liability Fund, including all funds currently invested pursuant to the terms of subsection (a) of this section, shall be transferred to the West Virginia Patient Injury Compensation Fund established by section one, article twelve-d of this chapter. Thereafter, the Medical Liability Fund established pursuant to this section shall be closed.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act › §29-12B-11. Payments for Settlement or Judgment

All payments made in satisfaction of any settlement or judgment shall be in accordance with the procedures established by the board. No settlement or judgment may be paid until there is recorded in the office of the executive director: (1) A certified copy of a final judgment against a health care provider insured by either of the medical liability programs created pursuant to this article, or a certified copy of an order approving settlement in a summary proceeding; or (2) appropriate settlement documentation to include a written settlement determination issued by or on behalf of the board.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act › §29-12B-13. Appeal Bond

In the event of a judgment against a health care provider from which the health care provider or the board wishes to appeal, the board is not liable for more than its share of the coverage and, as to that portion, a supersedeas bond signed by the board's administrator or his or her designee, shall suffice without further surety or other security.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12B. West Virginia Health Care Provider Professional Liability Insurance Availability Act › §29-12B-14. Effective Date and Termination of Authority

Policies written under this article may have an effective date retroactive to the effective date of this article. Except as provided in subsection (n), section six of this article, the authority of the board of risk and insurance management to issue medical liability policies under this article shall cease upon the board's transfer, in accordance with section nine, article twenty-f, chapter thirty-three of this code, of assets, obligations and liabilities to the physicians' mutual insurance company created pursuant to said article, or upon July 1, 2004, whichever occurs first. The board shall continue to administer any existing policy of insurance which was issued pursuant to this article, but was not transferred to the physician's mutual insurance company, until the policy expires. Upon the expiration of the policy, the board shall make tail coverage available at an appropriate premium rate to be determined by the board. The board shall continue to administer any tail coverage so provided. On the thirtieth day of January each year, the board shall report to the legislature's joint committee on government and finance the amount of any unfunded liability associated with the run out and tail coverage provided by this section.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12D. West Virginia Patient Injury Compensation Fund › §29-12D-1. Creation of the Patient Injury Compensation Fund; Purpose; Initial Funding of Patient Injury Compensation Fund

(a) There is created the West Virginia Patient Injury Compensation Fund, for the purpose of providing fair and reasonable compensation to claimants in medical malpractice actions for any portion of economic damages awarded that is uncollectible as a result of limitations on economic damage awards for trauma care, or as a result of the operation of the joint and several liability principles and standards, set forth in article seven-b, chapter fifty-five of this code. The fund shall consist of all contributions, revenues and moneys which may be paid into the fund, from time to time, by the State of West Virginia or from any other source whatsoever, together with any and all interest, earnings, dividends, distributions, moneys or revenues of any nature whatsoever accruing to the fund.
(b) Initial funding for the fund shall be provided as follows: during fiscal year 2005, $2,200,000 of the revenues that would otherwise be transferred to the tobacco account established in subsection (b), section two, article eleven-a, chapter four of this code pursuant to the provisions of section fourteen, article three, chapter thirty-three of this code shall be transferred to the fund; during fiscal year 2006, $2,200,000 of the revenues that would otherwise be transferred to the tobacco account established in subsection (b), section two, article eleven-a, chapter four of this code pursuant to the provisions of section fourteen, article three, chapter thirty-three of this code shall be transferred to the fund; and during fiscal year 2007, $2,200,000 of the revenues that would otherwise be transferred to the tobacco account established in subsection (b), section two, article eleven-a, chapter four of this code pursuant to the provisions of section fourteen, article three, chapter thirty-three of this code shall be transferred to the fund.
(2) Beginning fiscal year 2008, if and to the extent additional funding for the fund is required, from time to time, to maintain the actuarial soundness of the fund, the additional funding may be provided by further act of the Legislature, either from the revenue stream identified in this subsection or otherwise. Payments to the tobacco fund shall be extended until the tobacco fund is repaid in full.
(c) The fund is not and shall not be considered a defendant in any civil action arising under article seven-b, chapter fifty-five of this code.
(d) The fund is not and shall not be considered an insurance company or insurer for any purpose under this code.
(e) Legal fees of claimants may not be recovered directly from the fund.
(f) The fund shall not provide compensation to claimants who file a claim with the Patient Injury Compensation Fund on or after July 1, 2016.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 12D. West Virginia Patient Injury Compensation Fund › §29-12D-2. Administration of Fund; Investment of Fund Assets; Annual Actuarial Review and Audit; Fund Assets and Liabilities Not Assets and Liabilities of the State

(a) The patient injury compensation fund shall be implemented, administered and operated by the board of Risk and Insurance Management. In addition to any other powers and authority expressly or impliedly conferred on the board of Risk and Insurance Management in this code, the board may:
(1) Receive, collect and deposit all revenues and moneys due the fund;
(2) Employ, or in accordance with the provisions of law applicable contract for personal, professional or consulting services, retain the services of a qualified competent actuary to perform the annual actuarial study of the fund required by this section and advise the board on all aspects of the fund's administration, operation and defense which require application of the actuarial science;
(3) Contract for any services necessary or advisable to implement the authority and discharge the responsibilities conferred and imposed on the board by this article;
(4) Employ, or contract with, legal counsel of the board's choosing to advise and represent the board and represent the fund in respect of any and all matters relating to the operation of the fund and payments out of the fund;
(5) Employ necessary or appropriate clerical personnel to carry out the responsibilities of the board under this part; and
(6) Promulgate rules, in accordance with article three, chapter twenty-nine-a of this code as it considers necessary or advisable to implement the authority of and discharge the responsibilities conferred and imposed on the board by this article.
(b) The assets of the fund, and any and all income, dividends, distributions or other income or moneys earned by or accruing to the benefit of the fund, shall be held in trust for the purposes contemplated by this article, and shall not be spent for any other purpose: Provided, That the assets of the fund may be used to pay for all reasonable costs and expenses of any nature whatsoever associated with the ongoing administration and operation of the fund. All assets of the fund from time to time shall be deposited with, held and invested by, and accounted for separately by the Investment Management Board. All moneys and assets of the fund shall be invested and reinvested by the Investment Management Board in the same manner as provided by law for the investment of other trust fund assets held and invested by the Investment Management Board.
(c) The board shall cause an annual review of the assets and liabilities of the fund to be conducted on an annual basis by a qualified, independent actuary.
(d) The board shall cause an audit of the fund to be conducted on an annual basis by a qualified, independent Auditor.
(e) The state of West Virginia is not liable for any liabilities of the fund. Claims or expenses against the fund are not a debt of the State of West Virginia or a charge against the General Revenue Fund of the State of West Virginia.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 15. State Commission on Intellectual Disability › §29-15-1. Creation and Composition

There is created the State Commission on Intellectual Disability hereinafter referred to as the commission.
Pursuant to subsection (g), section one, article two, chapter five-f of this code, the commission created by this section is now incorporated into and administered as part of the Department of Health and Human Resources. All references to the commission in this article shall be construed to mean the Department of Health and Human Resources.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 15. State Commission on Intellectual Disability › §29-15-2. Quorum; Officers; Meetings

A majority of the members of the commission shall constitute a quorum for the transaction of business. The commission shall elect a chairman, a vice chairman, and such other officers as it shall deem necessary. The commission shall meet at least two times each year. Meetings will be held upon call of the chairman or of a majority of its members.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 15. State Commission on Intellectual Disability › §29-15-3. Employment, Salary and Expenses of Personnel

The commission shall have authority to employ such personnel as in its judgment may be necessary to carry out the work of the commission, and to fix the salaries for such employees. The commission may, within the limits of funds available, incur traveling and other expenses necessary to the effective discharge of its powers and duties. Requisition for such expenses shall be accompanied by a sworn and itemized statement which shall be filed with the Auditor.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 15. State Commission on Intellectual Disability › §29-15-5. Purposes

The Department of Health and Human Resources shall take action to carry out the following purposes:
(a) Plan for and take other steps leading to comprehensive state and community action to combat intellectual disability.
(b) Determine what action is needed to combat intellectual disability in the state and the resources available for this purpose.
(c) Develop public awareness of the intellectual disability problem and of the need for combating it.
(d) Coordinate state and local activities relating to the various aspects of intellectual disability and its prevention, treatment, or amelioration.
(e) Consult with and advise the Governor and Legislature on all aspects of intellectual disability.
(f) Consult with and advise state agencies, boards or departments with intellectual disability responsibilities relative to the effective discharge of such responsibilities.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 15. State Commission on Intellectual Disability › §29-15-6. State Agency for Federal Intellectual Disability Program

The Department of Health and Human Resources is designated and established as the sole state agency for receiving appropriations under and carrying out the purposes of section five of Public Law 88-156, eighty-eighth Congress approved October 24, 1963, and any law amending, revising, supplementing or superseding section five of said Public Law 88-156.
The department constitutes the designated state agency for handling all programs of the federal government relating to intellectual disability requiring action within the state which are not the specific responsibility of another state agency under the provisions of federal law, rules or regulations, or which have not been specifically entrusted to another state agency by the Legislature.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 15. State Commission on Intellectual Disability › §29-15-7. Donations and Grants

The commission may accept for any of its purposes and functions under this article any and all donations, any grants of money, equipment, supplies, materials, and services (conditional or otherwise) from the United States or any agency thereof, or from any institution, person, firm or corporation, and may receive, utilize, administer and dispose of the same. The commission shall be empowered to comply with all regulations and requirements to qualify for such grants from the United States or agency thereof.
The Legislature shall authorize the necessary appropriation to carry out the work of the commission.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 19. Solicitation of Charitable Funds Act › §29-19-1a. General Purpose

The purpose of this article is to protect the people of the State of West Virginia by requiring full public disclosure by persons and organizations who solicit funds from the public and the purposes for which such funds are solicited and how they are actually used, and to prevent deceptive and dishonest statements and conduct in the solicitation and reporting of funds for or in the name of charity.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 19. Solicitation of Charitable Funds Act › §29-19-7. Filing of Solicitation Contracts

(a) Every written contract or agreement between professional fund-raising counsel and a charitable organization shall be filed by the professional fund-raising counsel with the Secretary of State within ten days after said parties have entered into such contract or agreement.
(b) Every written contract or agreement between a professional solicitor and a charitable organization shall be filed by the professional solicitor with the Secretary of State within ten days after said parties have entered into such agreement or contract. In the absence of a written contract or agreement between a professional solicitor and a charitable organization, a written statement of the nature of the arrangement to prevail in lieu thereof shall be filed.
(c) Each statement must clearly provide the amount, percentage or other method of compensation to be received by the professional solicitor or professional fund-raising counsel as a result of the contract or arrangement.
(d) Each charitable organization, as part of its registration as required in section five of this article, shall file with the Secretary of State copies of all documents reflecting the final settlement amounts for a solicitation contract or, in the case of multiple year contracts, documents reflecting the total amount of money, funds or other property raised and expenses incurred by the professional fund-raising counsel or professional solicitor in a fiscal year.
(e) For purposes of this section, the total moneys, funds, pledges or other property raised or received shall not include the actual cost to the charitable organization or professional solicitor of goods sold or service provided to the public in connection with the soliciting of contributions.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 19. Solicitation of Charitable Funds Act › §29-19-10. Information Filed to Become Public Records

Registration statements and applications, reports, professional fund-raising counsel contracts or professional solicitor contracts, and all other documents and information required to be filed under this article or by the Secretary of State shall become public records in the office of the Secretary of State, and shall be open to the general public for inspection at such time and under such conditions as the Secretary of State may prescribe.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 19. Solicitation of Charitable Funds Act › §29-19-11. Records to Be Kept by Charitable Organizations, Professional Fund-Raising Counsel and Professional Solicitors

Every charitable organization, professional fund raising counsel and professional solicitor subject to the provisions of this article shall, in accordance with the rules prescribed by the Secretary of State, keep true fiscal records as to its activities in this state as may be covered by this article in such form as will enable it accurately to provide the information required by this article. Upon demand, such records shall be made available to the Secretary of State or the Attorney General for inspection. Such records shall be retained for a period of at least three years after the end of the period of registration to which they relate.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 19. Solicitation of Charitable Funds Act › §29-19-12. Reciprocal Agreements

The Secretary of State may enter into reciprocal agreements with the appropriate authority of any other state for the purpose of exchanging information with respect to charitable organizations, professional fund-raising counsel and professional solicitors. Pursuant to such agreements the Secretary of State may accept information filed by a charitable organization, professional fund-raising counsel or professional solicitor with the appropriate authority of another state in lieu of the information required to be filed in accordance with the provisions of this article, if such information is substantially similar to the information required under this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 19. Solicitation of Charitable Funds Act › §29-19-13. Prohibited Acts

(a) No charitable organization, professional fund-raising counsel or professional solicitor subject to the provisions of this article may use or exploit the fact of registration so as to lead the public to believe that such registration in any manner constitutes an endorsement or approval by the state.
(b) No person may, in connection with the solicitation of contributions for or the sale of goods or services of a person other than a charitable organization, misrepresent to or mislead anyone by any manner, means, practice or device whatsoever, to believe that the person on whose behalf such solicitation or sale is being conducted is a charitable organization or that the proceeds of such solicitation or sale will be used for charitable purposes, if such is not the fact.
(c) No person may, in connection with the solicitation of contributions for charitable purposes, misrepresent, mislead, or omit information concerning how the proceeds will be used. Proceeds gathered from any given solicitation must be used for the charitable purposes represented in the materials sent or the presentation given by the solicitor. Violations of this section will be considered to be both a violation of the reasonable donor expectation standard of section eight and may be subject to prosecution for fraud pursuant to section fifteen of this article.
(d) No person may in connection with the solicitation of contributions or the sale of goods or services for charitable purposes represent to or lead anyone by any manner, means, practice or device whatsoever, to believe that any other person sponsors or endorses such solicitation of contributions, sale of goods or services for charitable purposes or approves of such charitable purposes of a charitable organization connected therewith when such other person has not given consent to the use of his or her name for these purposes: Provided, That any member of the board of directors or trustees of a charitable organization or any other person who has agreed either to serve or to participate in any voluntary capacity in the campaign shall be deemed thereby to have given his or her consent to the use of his or her name in said campaign.
(e) No person may make any representation that he or she is soliciting contributions for or on behalf of a charitable organization or shall use or display any emblem, device or printed matter belonging to or associated with a charitable organization for the purpose of soliciting or inducing contributions from the public without first being authorized to do so by the charitable organization.
(f) No professional solicitor may solicit in the name of or on behalf of any charitable organization unless such solicitor:
Has obtained the written authorization of two officers of such organization, a copy of which shall be filed with the Secretary of State. Such written authorization shall bear the signature of the solicitor and shall expressly state on its face the period for which it is valid, which shall not exceed one year from the date issued.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 19. Solicitation of Charitable Funds Act › §29-19-14. Nonresident Charitable Organizations, Professional Fund-Raising Counsel and Solicitors; Designation of Secretary of State as Agent for Service of Process; Notice of Such Service by Attorney General

Any charitable organization or professional fund-raising counsel or professional solicitor having its or his or her principal place of business without the state, or organized under and by virtue of the laws of a foreign state, which or who shall solicit contributions from people in this state, is subject to the provisions of this article and shall be deemed to have irrevocably appointed the Secretary of State as its or his or her agent upon whom may be served any summons, subpoena, subpoena duces tecum or other process directed to such charitable organization, professional fund-raising counsel or professional solicitor or any partner, principal officer or director thereof in any action or proceeding brought under the provisions of this article. Service of such process upon the Secretary of State shall be made by personally delivering to and leaving with him a copy thereof along with the fee required by section two, article one, chapter fifty-nine of this code, and such service shall be sufficient service: Provided, That notice of such service and a copy of such process are forthwith sent by the Secretary of State to such charitable organization or professional fund-raising counsel or professional solicitor by registered or certified mail with return receipt requested at its or his or her office, as set forth in the registration form required to be filed with the Secretary of State pursuant to this article or in default of the filing of such form, at the last address known to the Secretary of State.