reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-21. Limitation on Release of Certain Personal Information Maintained by State Agencies and Entities Regarding State Employees

(a) The following personal information maintained by executive, legislative, or judicial branch agencies of the State of West Virginia regarding persons in their capacity as state officers, employees, retirees, or the legal dependents thereof is hereby deemed to be confidential and exempt from disclosure, as an unreasonable invasion of privacy, to non-governmental entities in documents otherwise subject to disclosure under the provisions of 29B-1-1
et seq.
of this code:
(1) An individuals home address;
(2) An individuals Social Security number;
(3) An individuals credit or debit card numbers;
(4) An individuals drivers license identification number; and
(5) An individuals marital status or former legal name.
(b) It is the policy of the State of West Virginia that the information enumerated in subsection (a) of this section is personal and confidential and should only be released to non-governmental entities for such purposes as are authorized by federal law or regulation, a provision of this code, or a legislative rule promulgated pursuant to the provisions of 29A-1-1
et seq.
of this code.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-22. Personal Information Maintained by State Entities

(a) The following information maintained by state executive branch agencies with respect to individuals and their dependents is personal information exempted from disclosure as an unreasonable invasion of privacy under the provisions of 29B-1-1
et seq
. of this code, and may not be released to non-governmental entities:
(1) An individuals Social Security number; or
(2) An individuals credit or debit card number.
(b) Notwithstanding the provisions of subsection (a) of this section, the information enumerated in said subsection may be released for such purposes as are authorized by federal law or regulation, a provision of this code, or a legislative rule promulgated pursuant to the provisions of 29A-1-1
et seq
.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 8. Public Records Management and Preservation Act › §5A-8-23. Limitation of Liability

This article creates no liability upon any person acting in his or her capacity as a state officer, employee, or retiree or former employee of the State of West Virginia; or upon the legal dependents, heirs and assignees of any such person; nor, upon any agency of the executive, legislative, or judicial branch of government of the State of West Virginia, for any transaction which is compromised by any third party’s illegal act or inappropriate use associated with information regulated by this article.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 9. Voluntary Gilding the Dome Check-Off Program › §5A-9-1. Legislative Intent

It is in the public interest to preserve and maintain the state Capitol building for the use and benefit of the citizens of West Virginia. The intent of this legislation is to provide additional funding for the preservation and maintenance of the state Capitol building, to be primarily used to refurbish the capitol dome with gold leaf.
The financing of this program will be derived from a voluntary check-off and contribution designation on state personal income tax return forms of a portion or all of a taxpayer's refund. The funding provided shall be supplemental to existing revenues.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 9. Voluntary Gilding the Dome Check-Off Program › §5A-9-2. Voluntary Check-Off Designation

(a) Each West Virginia individual income tax return form shall contain a designation as follows:
West Virginia Gilding the Dome Check-Off Program.
Check ( ) if you wish to designate $1, $5, $10 or more of your tax refund for this program. If joint return, check ( ) if spouse wishes to designate $1, $5, $10 or more.
(b) Each individual taxpayer desiring to contribute to the voluntary gilding the dome program may designate by placing an "X" in the appropriate box on the state income tax return form. His contribution shall be credited to said program.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 9. Voluntary Gilding the Dome Check-Off Program › §5A-9-4. Use of Funds

The funds shall be used for the purpose of preserving and maintaining the dome of the capitol by the use of gold leaf in covering the dome. The commissioner of finance and administration shall on January 15, each year furnish the Legislature with a report stating the amount of money that has been provided and how such moneys have been expended.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 10. Real Estate Division › §5A-10-1. Division Created; Purpose; Director

(a) There is hereby created the Real Estate Division within the Department of Administration for the purpose of establishing a centralized office to provide leasing, appraisal and other real estate services to the Secretary of the Department of Administration.
(b) The division shall be under the supervision and control of an executive director, who shall be appointed by the Governor, by and with the advice and consent of the Senate.
(c) Candidates for the position of executive director shall:
(1) Have at least a bachelor of arts or science degree from an accredited four-year college or university; and
(2)(A) Be a licensed real estate broker, pursuant to the provisions of article forty, chapter thirty of this code; or
(B) Be a licensed or certified real estate appraiser pursuant to the provisions of article thirty-eight, chapter thirty of this code; or
(3)(A) Be considered based on their demonstrated education, knowledge and a minimum of ten years’ experience in the areas of commercial real estate leasing, commercial real estate appraisal; or
(B) Any relevant experience of a minimum of ten years which demonstrates an ability to effectively accomplish the purposes of this article.
(d) The Real Estate Division is authorized to employ such employees, including, but not limited to, real estate appraisers licensed in accordance with the provisions of article thirty-eight, chapter thirty of this code, as may be necessary to discharge the duties of the division.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 10. Real Estate Division › §5A-10-2. Leases for Space to Be Made in Accordance With Article; Exceptions

(a) Notwithstanding any other provision of this code, no department, agency or institution of state government may lease, or offer to lease, as lessee, any grounds, buildings, office or other space except in accordance with the provisions of this article and article three of this chapter.
(b) The provisions of the article, except as to office space, do not apply to the Division of Highways of the Department of Transportation.
(c) The provisions of this article do not apply to:
(1) Public lands, rivers and streams acquired, managed or which title is vested in or transferred to the Division of Natural Resources of the Department of Commerce, pursuant to section seven, article one, chapter twenty of this code and section two, article five of said chapter;
(2) The Higher Education Policy Commission;
(3) The West Virginia Council for Community and Technical College Education;
(4) The institutional boards of governors in accordance with the provisions of subsection (v), section four, article five, chapter eighteen-b of this code;
(5) The real property held by the Department of Agriculture, including all institutional farms, easements, mineral rights, appurtenances, farm equipment, agricultural products, inventories, farm facilities and operating revenue funds for those operations;
(6) The real property held by the West Virginia State Conservation Committee, including all easements, mineral rights, appurtenances and operating revenue funds for those operations; or
(7) The Adjutant General's Department and the West Virginia National Guard, including all real property, acquisitions, leases, easements, armories, armory projects, appurtenances and operating revenue funds for those operations.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 10. Real Estate Division › §5A-10-3. Powers and Duties of Real Estate Division

The Real Estate Division has the following powers and duties:
(1) To provide leasing, appraisal and other real estate services to state spending units;
(2) To ensure that the purchase of real estate and all contracts for lease are based on established real estate standards and fair market price;
(3) To develop and implement minimum lease space standards for the lease of any grounds, buildings, office or other space required by any spending unit of state government;
(4) To develop and implement minimum standards for the selection and acquisition, by contract or lease, of all grounds, buildings, office space or other space by a spending unit of state government except as otherwise provided in this article;
(5) To establish and maintain a comprehensive database of all state real estate contracts and leases;
(6) To develop policies and procedures for statewide real property management;
(7) To maintain a statewide real property management system that has consolidated real property, building and lease information for all departments, agencies and institutions of state government;
(8) To develop and maintain a centralized repository of comprehensive space needs for all state departments, agencies and institutions of state government, including up-to-date space and resource utilization, anticipated needs and recommended options;
(9) To provide statewide policy leadership and coordinate master planning to guide and organize capital asset management; and
(10) To provide assistance to all state departments, agencies or institutions in acquiring, leasing and disposing of real property.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 10. Real Estate Division › §5A-10-4. Leasing of Space by Executive Director; Delegation of Authority

(a) The executive director is authorized to lease, in the name of the state, any grounds, buildings, office or other space required by any department, agency, or institution of state government: Provided, That the executive director may expressly delegate, in writing, the authority granted to him or her by this article to the appropriate department, agency or institution of state government when the rental and other costs to the state do not exceed the sum specified by regulation in any one fiscal year or when necessary to meet bona fide emergencies arising from unforeseen causes.
(b) Any state agency that is authorized to enter into lease agreements must seek the advice and approval of the executive director before entering into any lease of grounds, buildings, office and other space. The executive director shall submit approval of any lease by signing the lease in conjunction with the state agency. The state agencies referenced in §5A-10-2 of this code are exempt from this requirement.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 10. Real Estate Division › §5A-10-5. Selection of Grounds, etc.; Acquisition by Contract or Lease; Long-Term Leases

(a) The executive director has sole authority to select and to acquire by contract or lease, in the name of the state, all grounds, buildings, office space or other space, the rental of which is necessarily required by any spending unit, upon a certificate from the chief executive officer or his or her designee of said spending unit that the grounds, buildings, office space or other space requested is necessarily required for the proper function of said spending unit, that the spending unit will be responsible for all rent and other necessary payments in connection with the contract or lease and that satisfactory grounds, buildings, office space or other space is not available on grounds and in buildings now owned or leased by the state: Provided, That any such contract or lease of office space which provides that the landlord or owner of the office space be responsible for providing for, or the contracting for, cleaning or janitorial services shall not also require the owner or landlord of the premises to use any particular person, firm or company to provide the cleaning or janitorial services.
(b) The executive director shall, before executing any rental contract or lease, determine the fair rental value for the rental of the requested grounds, buildings, office space or other space, in the condition in which they exist and shall contract for or lease said premises at a price not to exceed the fair rental value thereof.
(c) The executive director may enter into long-term agreements for buildings, land and space for periods longer than one fiscal year: Provided, That such long-term lease agreements are not for periods in excess of forty years, except that the secretary may, in the case of the Adjutant General’s department, enter into lease agreements for a term of fifty years or a specific term of more than fifty years so as to comply with federal regulatory requirements and shall contain, in substance, all the following provisions:
(1) That the Department of Administration, as lessee, has the right to cancel the lease without further obligation on the part of the lessee upon giving thirty days’ written notice to the lessor, such notice being given at least thirty days prior to the last day of the succeeding month;
(2) That the lease shall be considered canceled without further obligation on the part of the lessee if the State Legislature or the federal government should fail to appropriate sufficient funds therefor or should otherwise act to impair the lease or cause it to be canceled; and
(3) That the lease shall be considered renewed for each ensuing fiscal year during the term of the lease unless it is canceled by the Department of Administration before the end of the then current fiscal year.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 10. Real Estate Division › §5A-10-7. Leases and Other Instruments for Space Signed by Executive Director; Approval as to Form; Filing

Leases and other instruments for grounds, buildings, office or other space shall be signed by the Executive Director of the Real Estate Division in the name of the state. They shall be approved as to form by the Attorney General. A lease or other instrument for grounds, buildings, office or other space that contains a term, including any options, of more than six months for its fulfillment shall be filed with the State Auditor.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 10. Real Estate Division › §5A-10-8. Inspection of Leased Property; Requiring Approval of Executive Director for Permanent Changes

(a) The Executive Director of the Real Estate Division shall inspect as necessary any property which may be under a lease or rental agreement in order to determine whether the property is being kept, preserved, cared for, repaired, maintained, used and operated in accordance with the terms and conditions of the lease or rental agreement. The executive director is authorized to take such action necessary to correct any violation of the terms and conditions of the lease or rental agreement.
(b) A spending unit which is granted any grounds, buildings, office space or other space leased in accordance with the provisions of this article may not order or make permanent changes of any type thereto, unless the Executive Director of the Real Estate Division has first determined that the change is necessary for the proper, efficient and economically sound operation of the spending unit.
(c) For purposes of this section, a "permanent change" means any addition, alteration, improvement, remodeling, repair or other change involving the expenditure of state funds for the installation of any tangible effect which cannot be economically removed from the grounds, buildings, office space or other space when vacated by the spending unit.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 10. Real Estate Division › §5A-10-9. Real Property Accounting and Records

(a) All real property owned or leased by the state shall be accounted for by the state spending unit that owns, leases or is in the possession of the real property.
(b) Each state spending unit shall establish and maintain a record of each item of real property it owns and/or leases and annually furnish its records to the Real Estate Division.
(c) Beginning July 1, 2019, and every year thereafter, the Real Estate Division shall report to the Governor and Joint Committee on Government and Finance those agencies that have not provided a complete annual record pursuant to subsection (b).
(d) With regard to public lands, rivers or streams, that may be by law specifically allocated to and used by any state agency, institution, division or department, such agency, institution, division or department shall provide an inventory of such public land(s), rivers or streams, to the Public Land Corporation in accordance with the provisions of §5A-11-1, et seq. of this code.
(e) The records furnished to the Real Estate Division shall include a description of each item of real property including address, lot number, and if available, the following identifying information:
(1) The date of purchase and the purchase price of the real property;
(2) If the state is leasing real property, the date of lease and the rental costs of the real property;
(3) The name of the state spending unit holding title to the real property for the state;
(4) A description of the current uses of the real property and the projected future use of the real property; and
(5) A description of each building or other improvement located on the real property.
(f) The records furnished to the Real Estate Division regarding rivers and streams shall include a description of each river or stream, including the applicable county, tax district, and if the interest or property is under the Ohio River, the applicable mile post.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 10. Real Estate Division › §5A-10-10. Real Property Review

(a) At least once every four years, the Real Estate Division shall review the inventory of real property for each state spending unit submitted pursuant to this article to verify the accuracy of the inventory records.
(b) Based on the review of the inventory of real property, the Real Estate Division shall:
(1) Identify any real property owned or leased by the state that is not being used or that is being substantially underused;
(2) Make recommendations to the Governor and the Secretary of the Department of Administration regarding the use of real property, which shall include:
(A) An analysis of the highest and best use to which the real property may legally be placed; and
(B) An analysis of alternative uses of the real property addressing the potential for any other transaction or use that the Real Estate Division determines to be in the best interest of the state; and
(3) Submit to the Governor and the Secretary of the Department of Administration any information pertinent to the evaluation of a potential transaction involving the real property, including:
(A) An evaluation of any proposals received from private parties that would be of significant benefit to the state; and
(B) The market value of such real property.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 10. Real Estate Division › §5A-10-12. Lease of State Properties to Nongovernmental Entities

(a) All state agencies, except for those listed in §5A-10-2 of this code, intending to lease grounds, buildings, office and other space to nongovernmental entities shall seek the advice and approval of the Real Estate Division to review any lease and ensure the provisions are in the best interest of the state.
(b) The Real Estate Division will review the lease and will submit to the state agency:
(1) Written approval of the lease; or,
(2) Written objections to proposed terms of the lease and suggestions to ensure the lease is in the best interest of the state.
The state agency may rebut any objections as circumstances may require, however, the Real Estate Division must approve any objections before the lease can be signed.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 11. Public Land Corporation › §5A-11-1. Public Land Corporation

(a) The Public Land Corporation, heretofore created and established as a unit of the Division of Natural Resources, is hereby continued and established as a unit of the Real Estate Division of the Department of Administration.
(b) The corporation is a public benefit corporation and an instrumentality of the state and may sue or be sued, contract and be contracted with, plead and be impleaded, have and use a common seal.
(c) The corporation is vested with the title of the State of West Virginia in public lands, the title to which now is or may hereafter become vested in the State of West Virginia by reason of any law governing the title of lands of the state: Provided, That those lands for which title is specifically vested by law in other state agencies, institutions and departments shall continue to be vested in such state agencies, institutions and departments.
(d) The provisions of this article do not apply to:
(1) The State of West Virginia's interest in the rivers, streams, creeks or beds thereof and all other public lands managed or acquired by the Division of Natural Resources pursuant to the provisions of section seven, article one, chapter twenty of this code and section two, article five, chapter twenty of this code, the title to all of which shall collectively be transferred to and vested in the Division of Natural Resources for the use and enjoyment of the citizens of the state; or
(2) Public lands acquired by the Division of Forestry pursuant to article one-a, chapter nineteen of this code.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-2. Scope of Article

(a) This article applies to all spending units of state government relating to the purchase, lease, or use of any state vehicle with the expenditure of public funds, except as otherwise provided by this code.
(b) Notwithstanding any exemption given to a spending unit by this code from the provisions of §5A-3-1 et seq. of this code or any prior exemption granted administratively from the Fleet Management Division or the Fleet Management Office, each spending unit of the state that owns, leases, purchases, or reimburses for personal vehicle use, shall comply with the reporting provisions of this article.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-3. Fleet Management Division Created; Director; Duties and Responsibilities

(a) The Fleet Management Office, as previously authorized pursuant to §5A-1-2 and §5A-3-52 of this code, is hereby continued in the Department of Administration as the Fleet Management Division for the purpose of maintaining a state vehicle fleet.
(b) The Division shall have the following duties and responsibilities:
(1) To provide or contract for management services, including fueling and vehicle maintenance, and any other services necessary to properly manage the operation and use of state vehicles;
(2) To preapprove and assist with purchase of new or replacement vehicles for agencies including facilitating financing arrangements;
(3) To maintain a state vehicle fleet for all state vehicles owned or leased by the State of West Virginia or any of its spending units;
(4) To charge a fee for division services by spending units utilizing state vehicles;
(5) To provide training and notice to fleet coordinators and spending units concerning the duties and responsibilities under this article, including any requirements related to the State Vehicle Title, Registration and Relicensing Project of 2018, established pursuant to §17A-3-25 of this code;
(6) To develop safe operation and other policies governing state vehicle use;
(7) To propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code;
(8) Report annually to the Governor and to the Joint Committee on Government and Finance, regarding the operations of the state fleet and the utilization of state vehicles;
(9) To develop and maintain, in cooperation with the Travel Management Office, state policies for the utilization of state vehicles, including establishing best practices for state vehicle use; and
(10) To provide assistance upon request to any spending unit related to financing, purchasing, leasing, operating, maintaining, transferring, and decommissioning state vehicles.
(c) The secretary shall appoint a director of the division, who shall:
(1) Employ such staff as needed to effectuate the provisions of this article;
(2) Maintain adequate office space for staff and equipment as needed to effectuate the provisions of this article; and
(3) Under the direction of the secretary, establish a central motor pool, which shall be maintained and administered by the division, subject to such rules as the director may promulgate: Provided, That the division is responsible for the storage, maintenance, and repairs of all vehicles assigned to the central motor pool.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-4. Fleet Management Division Fund

The special revenue account, known as the “Fleet Management Office Fund”, previously created by §5A-3-52 of this code, shall terminate effective July 1, 2018. On and after July 1, 2018, all funds previously belonging to the Fleet Management Office Fund shall transfer to the special revenue account which shall be known as the “Fleet Management Division Fund” which shall be created in the State Treasury, and shall be administered by the director. Expenditures are authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with §12-3-1 et seq. of this code and upon fulfillment of the requirements of §11B-2-1 et seq. of this code. Any balance remaining in the special revenue account at the end of any state fiscal year does not revert to the General Revenue Fund but remains in the special revenue account and may be used solely in a manner consistent with this article.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-5. Rule-Making Authority; Emergency Rules

(a) The director shall propose legislative rules as may be necessary to implement this article, in accordance with §29A-3-1 et seq. of this code. Those rules shall include, but not be limited to:
(1) Requirements governing the use of state vehicles;
(2) Reporting requirements and responsibilities for fleet coordinators;
(3) Requirements and responsibilities for each driver or operator of a state vehicle;
(4) Information to be collected and maintained on state vehicle log sheets, including information related to mileage, destinations, and purpose of use;
(5) The form and manner for each spending unit fleet coordinator to report to the division, including any electronic format as deemed necessary by the director;
(6) The information that each spending unit fleet coordinator shall collect and maintain regarding state vehicle use by the spending unit;
(7) The information for spending unit fleet coordinators to annually report to the division regarding state vehicle use;
(8) Requirements and policies governing commuting in and taking home state vehicles; and
(9) Requirements and policies governing volunteer and non-public employee drivers.
(b) All rules of the Fleet Management Office in effect on the effective date of this article shall remain in effect until they are amended, replaced, or repealed: Provided, That these rules shall expire on July 1, 2021, if not sooner superseded.
(c) On or before June 15, 2018, the director shall propose emergency legislative rules which may amend or modify existing legislative rules governing the use of state vehicles pursuant to §5A-12-1 et seq. of this code to implement the provisions of this article.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-6. Vehicle Operator Regulations; Training

(a) Each operator of a state vehicle, shall maintain the vehicle logs to the level of detail required by the division through legislative rules, and as may be required by the spending unit.
(b) Each operator of a state vehicle shall comply with the laws, rules, and policies governing state vehicle use, including spending unit rules and policies.
(c) Prior to operating a state vehicle, each operator shall be required to take such training courses as may be required by the Board of Risk and Insurance Management, the Travel Management Office, the Fleet Management Division, and the spending unit.
(d) If any public employee or public official fails to comply with any rule or regulation for state vehicle use, the spending unit may require that the individual attend training, be restricted from using state vehicles, or be prohibited from using state vehicles: Provided, That nothing in this section authorizes the division to restrict the use of state vehicles except for those employees under its control.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-7. Spending Unit Duties and Responsibilities

(a) Every spending unit shall report all vehicles and equipment requiring a state license plate, including those vehicles with a rating of more than one ton, those requiring a commercial driver’s license to operate, and all-terrain vehicles, as fixed assets in the centralized accounting system maintained by the Enterprise Resource Planning Board.
(b) Every spending unit that owns state vehicles shall annually affirm to the State Agency for Surplus Property on or before July 15 of each year, that the vehicles and assets reported to the centralized accounting system as required by §5A-12-7(a) of this code are accurate and current.
(c) Every spending unit shall prepare and maintain a list of all employees who are provided a state vehicle. The list shall set forth the specific bona fide noncompensatory business reasons for which the state vehicle is being provided to each employee. Spending units shall submit the list required by this section to the division, which shall act solely as a repository for the information, on or before July 1, 2018, and shall update the list on or before July 1 of each year thereafter.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-8. Fleet Coordinators

(a) Each spending unit shall name a fleet coordinator, who shall be responsible for the management and maintenance of state vehicle information, and for reporting state vehicle utilization reports to the division as required by this article and legislative rules promulgated pursuant thereto.
(b) Each spending unit shall provide to the division the name and contact information for the spending unit fleet coordinator.
(c) Each fleet coordinator is required to attend the Fleet Coordinator training provided by the Fleet Management Division.
(d) Each fleet coordinator shall be responsible for providing adequate training to each operator of a state vehicle within his or her spending unit.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-9. Utilization of Vehicle Management Services; Exemption

(a) Each spending unit that owns, uses, or maintains a state vehicle shall utilize the vehicle management services provided by the Fleet Management Division for all state vehicles.
(b) Spending units may request an exemption from part or all of the services provided by the Fleet Management Division. The division shall review each request and may recommend approval of the request by the secretary. The division shall submit a legislative rule identifying each spending unit for which an exemption has been approved, which rule shall further state the nature of the proposed exemption, and which services will be used, as well as the manner in which the spending unit will comply with all other requirements of this article, including the requirements to report certain information to the division: Provided, That no request for exemption pursuant to this section shall become effective without the enactment of a legislative rule pursuant to the provisions of §29A-3-1 et seq. of this code.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-10. Annual Reports by Spending Units

(a) Each spending unit that owns or operates a state vehicle, rents vehicles for a state purpose, or reimburses an employee for personal vehicle use, shall annually report the Fleet Management Division, beginning on or before October 31, 2018, and on or before October 31 each year thereafter, in the manner required by this article and by legislative rule.
(b) Each spending unit that owns or leases a state vehicle or rents or reimburses an employee for personal vehicle use, shall periodically compile and maintain the individual specific vehicle records of each state vehicle, and all records of vehicle rental and private vehicle use expenditures, for not less than three years, or as may be required by the division or the State Auditor pursuant to §5A-12-13 of this code.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-11. Complaint Process

(a) The director shall provide a complaint process for use by the general public to report to the division issues relevant to the operation and maintenance of a state vehicle fleet. Complaints may be received by the division in writing, by telephone, or electronically: Provided, That the division shall review all complaints weekly, and report to the appropriate spending unit the information regarding the state vehicle in use by the spending unit, and shall describe the nature of the complaint, including, but not limited to mechanical problems, equipment failures, misuse, or illegal operation of a state vehicle.
(b) Each spending unit shall investigate each complaint it receives and provide an update to the division on a regular basis and at the conclusion of the investigation.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-12. State Vehicle Fleet Annual Report

(a) The Fleet Management Division shall maintain sufficient records and fleet coordinator reports to produce a State Vehicle Fleet Annual Report, regarding the maintenance and operation of the state vehicle fleet.
(b) On or before December 31, 2019 and each December 31 thereafter, the division shall submit the State Vehicle Fleet Annual Report to the Governor, and to the Joint Committee on Government and Finance, containing, at a minimum:
(1) The total number of state vehicles;
(2) The total number of vehicles operated by each spending unit;
(3) The total number of state vehicle miles driven, both in the aggregate and by spending unit;
(4) The total amount of fuel purchased, and the total expenditures for annual maintenance, repair, fuel expenditures, both in the aggregate and by spending unit;
(5) The total number of miles reimbursed for personal vehicle use and the amount reimbursed annually, both in the aggregate and by spending unit;
(6) The total number of vehicles owned and operated by the division, including information on the total miles driven, and the annual expenditures for maintenance, repair, and fuel;
(7) The total annual indirect costs of operating the state vehicle fleet, both in the aggregate and by spending unit;
(8) A summary of complaints received concerning state vehicle usage;
(9) A summary of the State Auditor’s spot compliance audit report authorized pursuant to §5A-12-13 of this code;
(10) The operating revenue and expenses of the division; and
(11) Recommendations for any policy or statutory changes the director determines may be necessary to maintain accurate records of the state vehicle fleet, utilization of state vehicles, and the expenses necessary to maintain such vehicle fleet.
(c) An annual report produced in an electronic format complies with the reporting requirements of this article and shall be made available on the division website: Provided, That the division shall redact any personally identifiable or confidential information.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-13. Spot Compliance Audits by the State Auditor

(a) Beginning July 1, 2019, the State Auditor shall conduct spot compliance audits to monitor operator, spending unit, and fleet coordinator records and reports for accuracy and compliance with the record keeping provisions of this article. The State Auditor shall conduct a spot compliance audit on not less than 20 percent of the state vehicle fleet annually, in order to conduct spot compliance audits of all state vehicle records on a five-year cycle.
(b) A spending unit found to be noncompliant with the recordkeeping provisions of this article may be subject to further compliance monitoring as the State Auditor and director deem necessary.
(c) The State Auditor shall report to the division the findings of each spot compliance audit. Such reports shall list the spending units and fleet coordinators audited, and verify:
(1) That state vehicle drivers of the spending unit have complied with applicable training requirements and are keeping complete and accurate vehicle logs;
(2) That spending unit fleet coordinators have attended training, and are compiling and maintaining the state vehicle records required by this article; and
(3) The accuracy of fleet coordinator reporting in the manner consistent with the provisions of this article.
2023 West Virginia Code › Chapter 5A. Department of Administration › Article 12. Fleet Management Division › §5A-12-14. Legislative Compliance Audit

On or before December 31, 2020, the Legislative Auditor, in accordance with §4-10-1 et seq. of this code, shall audit the division for state spending unit and fleet coordinator compliance with the reporting requirements and applicable provisions of this article. Such audit shall also include an evaluation of the data collected by the division to determine if the data being provided to the division in spending unit annual reports are sufficient to evaluate the state costs of owning, maintaining, and leasing state vehicles, and to evaluate vehicle use and expenditure trends among the spending units.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1. Department of Commerce › §5B-1-1. Department of Commerce; Office of Secretary of Department of Commerce

(a) The Secretary of Commerce is the chief executive officer of the department. The Governor shall appoint the secretary, by and with the advice and consent of the Senate, for the term for which the Governor is elected. Any reference in this code to the Bureau of Commerce means the Department of Commerce. Any reference in this code to the Commissioner of the Department of Commerce means the Secretary of Commerce. As used in this article, "secretary" means the Secretary of Commerce and "department" means Department of Commerce.
(b) The department may receive federal funds.
(c) The secretary serves at the will and pleasure of the Governor. The annual salary of the secretary is $90,000.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1. Department of Commerce › §5B-1-1a. Marketing and Communications Office

(a) There is continued in the Department of Commerce the Marketing and Communications Office. The office is created to provide marketing and communications goods and services to other state agencies, departments, units of state or local government or other entity or person.
(b) The office is authorized to charge for goods and services it provides to other state agencies. The Secretary of the Department of Commerce shall approve a fee schedule determining the amounts that may be charged for goods and services provided by the office to other state agencies. At the discretion of and with the approval of the Secretary of the Department of Commerce, the office may also sell partnerships, sponsorships or advertising in its publications, events or promotions to help offset the cost of producing and distributing its products and services.
(c) All moneys collected shall be deposited in a special account in the State Treasury to be known as the Department of Commerce Marketing and Communications Operating Fund. Expenditures from the fund shall be for the operation of the office and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article two, chapter eleven-b of this code.
(d) Any balance remaining at the end of any fiscal year shall not revert to the General Revenue Fund, but shall remain in the fund for expenditures in accordance with the purposes set forth in this section.
(e) The Department of Commerce shall develop and maintain a system of annual or more frequent performance measures useful in gauging the efficiency and effectiveness of the office's marketing and communications activities. The measures shall also reflect the office's efficiency and effectiveness with respect to commercially available marketing and communications services and any private sector benchmarks which might be identified or created. For the purposes of this section, "performance measures" means income, output, quality, self-sufficiency and outcome metrics.
(f) On January 1 of each year the Secretary of the Department of Commerce shall report to the Joint Committee on Government and Finance, the Joint Standing Committee on Finance and the Joint Commission on Economic Development on the performance of the office. This report is to include a statement of the performance measurements for the office developed by the Secretary of the Department of Commerce and an analysis of the office's performance.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1. Department of Commerce › §5B-1-2. Agencies, Boards, Commissions, Divisions, and Offices Comprising the Department of Commerce

The Department of Commerce consists of the following agencies, boards, commissions, divisions, and offices, including all of the allied, advisory, affiliated, or related entities, which are incorporated in and administered as part of the Department of Commerce:
(1) Division of Labor provided in 21-1-1
et seq
. of this code, which includes:
(A) Occupational Safety and Health Review Commission provided in 21-3A-1
et seq
. of this code; and
(B) Board of Manufactured Housing Construction and Safety provided in 21-9-1
et seq
. of this code;
(2) Office of Miners Health, Safety and Training provided in 22A-1-1
et seq
. of this code. The following boards are transferred to the Office of Miners Health, Safety and Training for purposes of administrative support and liaison with the Office of the Governor:
(A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in 22A-6-1
et seq
. of this code;
(B) Board of Miner Training, Education and Certification provided in 22A-7-1
et seq
. of this code; and
(C) Mine Inspectors Examining Board provided in 22A-9-1
et seq
. of this code;
(3) Division of Natural Resources and Natural Resources Commission provided in 20-1-1
et seq
. of this code;
(4) Division of Forestry provided in 19-1A-1
et seq
. of this code;
(5) Geological and Economic Survey provided in 29-2-1
et seq
. of this code; and
(6) Workforce West Virginia provided in Chapter 21 of this code, which includes:
(A) Division of Unemployment Compensation;
(B) Division of Employment Service;
(C) Division of Workforce Development; and
(D) Division of Research, Information and Analysis.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1. Department of Commerce › §5B-1-3. Powers and Duties of Secretary, Administrators, Division Heads and Employees

(a) The secretary controls and supervises the department and is responsible for the work of each department employee.
(b) The secretary has the power and authority specified in this article, in article two, chapter five-f of this code and as otherwise specified in this code.
(c) The secretary may assess agencies, boards, commissions, divisions and offices in the department for the payment of expenses of the office of the secretary.
(d) The secretary may employ professional staff, including, but not limited to, certified public accountants, economists and attorneys, assistants and other employees as necessary for the efficient operation of the department.
(e) The secretary and administrators, division heads and other employees of the department shall perform their duties as specified in this code and as may be prescribed by the Governor.
2023 West Virginia Code › Chapter 5B. Economic Development Act of 1985 › Article 1. Department of Commerce › §5B-1-6. Confidentiality of Information

(a) Information provided to secretary under expectation of confidentiality. -- Information that would be confidential under the laws of this state when provided to a division, agency, board, commission or office within the department is confidential when that information is provided to the secretary or an employee in the office of the secretary. The confidential information may be disclosed only: (1) To the applicable agency, board, commission or division of the department to which the information relates; or (2) in the manner authorized by provisions of this code applicable to that agency, board, commission or division. This confidentiality rule is a specific exemption from disclosure under article one, chapter twenty-nine-b of this code.
(b) Interdepartmental communication of confidential information. -- Notwithstanding any provision of this code to the contrary, information that is confidential pursuant to this code in the possession of any division, agency, board, commission or office of the department may be disclosed to the secretary or an employee in the office of the secretary. The secretary or employee shall safeguard the information and may not further disclose the information except under the same conditions, restrictions and limitations applicable to the administrator of the agency, board, commission, division or office of the department in whose hands the information is confidential. This subsection does not require disclosure of individually identifiable health care or other information that is prohibited from disclosure by federal law. This subsection is a specific exemption from the disclosure requirements of article one, chapter twenty-nine-b of this code.
(c) The provisions of this section:
(1) Apply only to information that is actually disclosed by a division, agency, board, commission or office within a department to the secretary, or an employee in the office of the secretary, of that department;
(2) Do not authorize disclosure or exempt from the provisions of article one, chapter twenty-nine-b of this code any confidential information of a division, agency, board, commission or office within a department to any person or entity other than the secretary, or an employee in the office of the secretary, of that department;
(3) Apply only to disclosure between a division, agency, board, commission or office within a department and the secretary, or an employee in the office of the secretary, of that department.