reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 4. The Legislature › Article 10. Performance Review Act › §4-10-12. Termination of an Agency or Regulatory Board; Reestablishment of Terminated Agency or Regulatory Board

(a) If the Legislature terminates an agency or regulatory board, then the agency or regulatory board shall continue in existence until July 1, of the next succeeding year for the purpose of winding up its affairs. Upon the expiration of one year after termination, the agency or regulatory board shall cease all activities.
(b) During the wind-up year, the impending termination may not reduce nor otherwise limit the powers or authority of that terminated agency or regulatory board.
(c) An agency that has been terminated pursuant to the provisions of this article may be reestablished by the Legislature. If the agency is reestablished by the Legislature during the wind-up year with substantially the same powers, duties or functions, then the agency is considered continued.
(d) If a regulatory board is reestablished by the Legislature during the wind-up year with substantially the same powers, duties or functions, then the regulatory board is considered continued. If a regulatory board is not reestablished by the Legislature during the wind-up year, then the regulatory board is considered terminated and the profession or occupation must apply for regulation through the sunrise process, under the provisions of this code, to be reestablished.
2023 West Virginia Code › Chapter 4. The Legislature › Article 10. Performance Review Act › §4-10-13. Disposition of Agency or Regulatory Board Assets, Equipment and Records After Termination

(a) On or before June 30 of the wind-up year, the terminated agency or regulatory board shall file a written statement with the Secretary of the Department of Administration and the division describing the disposition of its funds, assets, equipment and records.
(b) The division shall review the statement of the terminated agency or regulatory board and report the results of its review to the committee and the joint standing committee.
(c) Any unexpended funds of the terminated agency or regulatory board shall revert to the fund from which they were appropriated or, if that fund is abolished, to the General Revenue Fund.
(d) All remaining assets and equipment of a terminated agency or regulatory board shall be transferred to the secretary of the department of which it was a part or to the state agency for surplus property in the Department of Administration.
(e) The records of a terminated agency or regulatory board shall be deposited with the Department of Administration.
2023 West Virginia Code › Chapter 4. The Legislature › Article 10. Performance Review Act › §4-10-14. Provision for Other Reviews; Consolidation, Termination and Reorganization of Agencies or Programs

(a) The specifications of schedules for, and the scope of, agency and regulatory board reviews in this article shall not preclude a legislative review or reevaluation of any agency or program at other times. The joint standing committee may request a review of the performance, purpose, efficiency and effectiveness of any agency or program any time that circumstances may require, including, but not limited to, the following:
(1) Expressed or implied statutory expiration of an agency or program;
(2) Creation of new, or the amendment of existing, federal law affecting the agency or program;
(3) Redundant purposes or functions in more than one agency or program or within an agency;
(4) Completion or satisfaction of agency or program objectives;
(5) Persistent inefficiencies in the delivery of services or in the accomplishment, or lack thereof, of statutory objectives;
(6) Fiscal constraints requiring changes in staffing, resources or goals; and
(7) Changes in legislative policy or direction.
(b) Following the completion of a review by the division and the joint standing committee, with responses and comment from the subject agency or regulatory board, the joint standing committee may recommend or propose the consolidation, termination or reassignment of the agency, program or regulatory board reviewed.
(c) Nothing in this article shall be construed as limiting or interfering with the right of any member of the Legislature to introduce, or of the Legislature to enact, any bill that would terminate, consolidate or reorganize one or more state agencies or programs without a review conducted under the terms of this article.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11. Legislative Appropriation of Federal Funds › §4-11-1. Legislative Findings and Purpose

The Legislature finds and declares that in order to carry out its responsibility for the enactment of all appropriations needed for the operation of state government, the Legislature needs continuous and accurate accounts of the amounts and purposes of all federal funds being requested, received or expended by the various agencies and departments of the state. The Legislature further finds and declares that the increased availability of and reliance on federal financial assistance has a substantial impact upon the programs, priorities and fiscal affairs of the state. It is the purpose of this article to clarify and specify the role of the Legislature in appropriating federal funds received by the state in all events, including public emergencies, and in prescribing, by general law, the required form and detail of the itemization and classification of proposed appropriations to assure that state purposes are served and legislative priorities are adhered to by the acceptance and use of such funds.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11. Legislative Appropriation of Federal Funds › §4-11-2. Definitions

As used in this article:
"Federal funds" means any financial assistance made to a spending unit by the United States government, whether a loan, grant, block grant, subsidy, augmentation, reimbursement or any other form of such assistance, including "federal-matching funds";
"Federal-matching funds" means federal funds of a specified amount or proportion for which a specified outlay of state contributions, including funds, property or services, are required as a condition for receipt or expenditure;
"Spending unit" means the State of West Virginia and all agencies, offices, departments, divisions, boards, commissions, councils, committees or other entities of the state government for which an appropriation is requested or to which an appropriation is made by the Legislature. "Spending unit" does not mean any county, city, township, public service district or other political subdivision of the state; and
"State-matching funds" means state contributions, including funds, property or services that are required by the federal government, by law or regulation, as a condition for receipt or expenditure of federal funds.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11. Legislative Appropriation of Federal Funds › §4-11-3. Receipt of Federal Funds and Required Deposit in State Treasury

Unless contrary to federal law, all federal funds received by a spending unit shall be deposited in and credited to special fund accounts as provided by 12-2-2 of this code and shall be available for appropriation by the Legislature as part of the state budget in accordance with Article X of the Constitution of this state.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11. Legislative Appropriation of Federal Funds › §4-11-4. Inclusion of Federal Funds in State Budget and the Budget Bill

Pursuant to article 5-1A-1
et seq
., and 11B-2-1
et seq
. of this code, the Governor shall itemize in the state budget and in the budget bill, on a line-item basis, separately, for each spending unit, the amount and purpose of all federal funds received or anticipated for expenditure, with a reference to the account number, line item and amount of any state funds required for such purpose:
Provided
, That all federal block grant funds shall be so itemized in a separate section of the state budget and the budget bill devoted exclusively to proposed appropriations from the block grant funds.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11. Legislative Appropriation of Federal Funds › §4-11-6. Exclusions

The following are excluded from the provisions of this article:
(1) Federal funds received by state institutions of higher education or by students or faculty members of such institutions for instructional or research purposes and federal funds received for student scholarships or grants-in-aid;
(2) Federal nondiscretionary pass-through funds which are earmarked in specified amounts or proportions for transmittal to local political subdivisions or to designated classes of organizations and individuals which do not require state-matching funds and do not permit discretion in their distribution by the receiving state spending unit; and
(3) All federal funds received by the West Virginia department of highways or the West Virginia commissioner of highways.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-1. Legislative Findings and Purpose

(a) On November 23, 1998, tobacco product manufacturers entered into a settlement agreement with the state. This master settlement agreement releases those manufacturers from past, present and specific future claims against them in return for payment of annual sums of money to the state, obligates the manufacturers to change their advertising and marketing practices and requires the establishment by the manufacturers of a national foundation for the interests of public health.
(b) The revenues received pursuant to the master settlement agreement are directly related to the past, present and future costs incurred by the state for the treatment of tobaccorelated illnesses. The receipt of revenues in the future is subject to the ongoing risk of litigation against manufacturers or other events that may adversely affect the financial strength of the manufacturers. The purpose of this article is to preserve the revenues received from the settlement.
(c) The receipt of funds in accordance with the master settlement agreement shall be deposited only in accordance with the provisions of this article.
(d) The state receives revenue each year under the terms of the master settlement agreement with the tobacco manufacturers. This revenue is used to fund programs of vital importance to the people of West Virginia and the Legislature finds that it is in the best interest of the people of this state to protect these revenues by the sale of the state's share to the Tobacco Settlement Finance Authority created in section six of this article.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-1a. Legislative Findings Related to Securitization of Moneys Received Pursuant to Master Settlement Agreement and Previously Dedicated to the Workers' Compensation Debt Reduction Fund

(a) In December, 2005, the Governor issued a proclamation regarding the privatization of the workers' compensation system pursuant to section eleven, article two-c, chapter twenty-three of this code, thereby proclaiming that a revenue source had been secured to satisfy the Old Fund liabilities as they occur;
(b) A portion of the revenue source secured to satisfy the Old Fund liabilities as they occur was the first $30 million received pursuant to section IX(c)(1) of the master settlement agreement and the anticipated strategic compensation payments to be received pursuant to section IX(c)(2) of the master settlement agreement;
(c) For purposes of the proclamation, it was assumed that the first $30 million received pursuant to section IX(c)(1) of the master settlement agreement and the anticipated strategic compensation payments to be received pursuant to section IX(c)(2) of the master settlement agreement as calculated pursuant to subsection (a), section twelve of this article would on a calendar year basis provide a maximum of $45 million per year to satisfy the Old Fund liabilities as they occur;
(d) The Legislature finds and declares that replacing the first $30 million received pursuant to section IX(c)(1) of the master settlement agreement and the anticipated strategic compensation payments to be received pursuant to section IX(c)(2) of the master settlement agreement with $50,400,000 pursuant to section eighteen of this article for the benefit of the Old Fund, in combination with the remaining portions of the revenue sources secured for the unfunded liabilities of the Old Fund as established in Enrolled Senate Bill No. 1004 during the first extraordinary session of the Legislature, 2005, will ensure that a revenue source has been and will continue to remain secured to satisfy the Old Fund liabilities as they occur; and thus all conditions precedent to the issuance of the proclamation by the Governor remain in effect.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-3. Receipt of Settlement Funds and Required Deposit in the West Virginia Tobacco Settlement Fund

(a) There is hereby created in the state Treasury a special revenue account, designated the Tobacco Settlement Fund, which shall be an interest-bearing account and may be invested in the manner permitted by the provisions of article six, chapter twelve of this code, with the interest income a proper credit to the fund. Unless contrary to federal law, fifty percent of all revenues received pursuant to the master settlement agreement shall be deposited in this fund. These funds shall be available only upon appropriation by the Legislature as part of the state budget: Provided, That for the fiscal year 2000, the first $5 million received into the fund shall be transferred to the Public Employees Insurance Reserve Fund created in article two, chapter five-a of this code.
(b) Appropriations from the Tobacco Settlement Fund are limited to expenditures for the following purposes:
(1) Reserve funds for continued support of the programs offered by the Public Employees Insurance Agency established in article sixteen, chapter five of this code;
(2) Funding for expansion of the federal-state Medicaid program as authorized by the Legislature or mandated by the federal government;
(3) Funding for public health programs, services and agencies; and
(4) Funding for any state-owned or -operated health facilities.
(c) Notwithstanding anything in this code to the contrary, on the effective date of the sale of the state's share to the authority as authorized in this article, the deposits and transfers provided in this section shall cease and no longer be required.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-4. Limitation on Appeal Bond

The bond that any appellant who is a signatory or a successor to a signatory of the master settlement agreement or who controls or is under common control with a signatory of the master settlement agreement may be required to post to stay execution on a judgment during an appeal in any cause of action shall be set in accordance with the provisions of section fourteen, article five, chapter fifty-eight of this code and the West Virginia rules of civil procedure: Provided, That an appeal bond may not exceed $100 million for compensatory damages and all other portions of a judgment other than punitive damages and $100 million for punitive damages unless the appellee proves by a preponderance of the evidence that the appellant or appellants are purposefully dissipating or diverting assets outside of the ordinary course of its business to the effect that the ability to pay the ultimate judgment is impaired. For purposes of this section, multiple judgments resulting from cases that have been consolidated or aggregated for purposes of trial proceedings shall be treated as a single judgment.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-5. Applicability

The provisions of section four of this article, as originally passed or later amended, apply to all actions pending in the courts of this state on the effective date of this section and to any action filed in this state on or after the effective date: Provided, That the provisions of section four of this article providing for the maximum amount of an appeal bond shall not apply in any action brought by any signatory to the master settlement agreement seeking to enforce compliance with the terms of the master settlement agreement or for a breach of the master settlement agreement.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-6. Creation of Tobacco Settlement Finance Authority

(a) The Tobacco Settlement Finance Authority is hereby created and constitutes a body corporate and politic, constituting a public corporation and government instrumentality of the state and the exercise of its powers pursuant to this article is an essential governmental function.
(b) The authority shall not create any obligation of this state or any political subdivision of this state within the meaning of any Constitutional or statutory debt limitation.
(c) The authority shall not pledge the credit or taxing power of the state or any political subdivision of this state, or make its debts payable out of any moneys except those of the authority specifically pledged for their payment.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-7. Definitions

Unless the context clearly indicates otherwise, as used in this article:
(a) "Authority" means the Tobacco Settlement Finance Authority created in this article.
(b) "Board" means the governing board of the authority.
(c) "Bonds" means bonds, notes and other obligations and financing arrangements issued or entered into by the authority pursuant to this article.
(d) "Complementary legislation" means article nine-d, chapter sixteen of this code.
(e) "Interest rate agreement" means an interest rate swap or exchange agreement, an agreement establishing an interest rate floor or ceiling or both, or any similar agreement. Any agreement may include the option to enter into or cancel the agreement or to reverse or extend the agreement.
(f) "Master settlement agreement" means the master settlement agreement as defined in section one of this article.
(g) "Net proceeds" means the amount of proceeds remaining following each sale of bonds which are not required by the authority to establish and fund reserve funds, to fund an operating expense reserve for the authority, to fund capitalized interest, if any, and to pay the costs of issuance and other expenses and fees related to the authorization and issuance of bonds.
(h) "Notes" means notes, warrants, loan agreements and all other forms of evidence of indebtedness authorized under this article.
(i) "Qualified investments" means investments of the authority authorized pursuant to this article as established by the authority pursuant to subdivision (11), subsection (a), section eleven of this article.
(j) "Qualifying statute" has the meaning given that term in the master settlement agreement, constituting article nine-b, chapter sixteen of this code.
(k) "Sales agreement" means any agreement authorized pursuant to this article in which the state provides for the sale of all or a portion of the state's share to the authority.
(l) "State's share" means all of the following:
(1) All payments required to be made by tobacco product manufacturers to the state, and the state's rights to receive the payments, under the master settlement agreement.
(2) The state's rights in any collateral securing or otherwise assuring the receipt of the moneys.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-8. Governing Board

(a) The powers of the authority are vested in and shall be exercised by a board of five individuals, consisting of the Secretary of the Department of Administration, who shall act as chairperson, the Treasurer of the State of West Virginia, and three individuals, each appointed by the Governor, who shall have skill and experience in finance.
(b) Three members of the board constitute a quorum.
(c) The members shall elect a vice chairperson and secretary, annually, and other officers as the members determine necessary.
(d) Meetings of the board shall be held at the call of the chairperson or when a majority of the members request a meeting.
(e) The members of the board shall not receive compensation by reason of their membership on the board.
(f) Of the initial appointments made by the Governor to the authority, two shall be for a term of two years and two shall be for a term of three years. Members appointed to the authority subsequent to the initial appointments shall serve for terms of four years. Any member whose term has expired shall serve until his or her successor has been duly appointed and qualified. Any person appointed to fill a vacancy shall serve only for the unexpired term.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-9. Staff; Assistance by State Officers, Agencies and Departments

(a) The Secretary of the Department of Administration shall furnish to the authority any secretarial, clerical, technical, research and other services that are necessary to the conduct of the business of the authority.
(b) State officers, agencies and departments may render services to the authority within their respective functions, as requested by the authority.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-14. Exemption From Purchasing Provisions

The provisions of article three, chapter five-a of this code shall not apply to the authority with respect to contracts entered into by the authority in carrying out the public and essential governmental functions set forth in this article and are exempt from the laws of the state which provide for competitive bids and hearings in connection with contracts and for review as to the form of contracts by the office of the Attorney General of the state.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-15. Bankruptcy

Notwithstanding any other provision of law, the authority is not authorized, and no governmental officer or organization shall authorize the authority to become a debtor in a case under the United States bankruptcy code, Title 11 of the United States Code, to make an assignment for the benefit of creditors or to become the subject of any similar case or proceeding. The provisions of this section shall be part of any contractual obligation owed to holders of any bonds issued pursuant to this article and shall not be modified by the state prior to the date which is three hundred sixty-six days after which the authority no longer has any bonds outstanding.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-16. Dissolution of the Authority; Distribution of Assets

The authority shall dissolve not sooner than three hundred sixty-six days after it no longer has any bonds outstanding and no later than two years from the date of final payment of all outstanding bonds and the satisfaction of all outstanding obligations of the authority, except to the extent necessary to remain in existence to fulfill any outstanding covenants or provisions with bondholders or third parties made in accordance with this article. Upon dissolution of the authority, all assets of the authority shall be transferred to the state, and the authority shall execute any necessary assignments or instruments, including any assignment of any right, title or ownership to the state for receipt of payments under the master settlement agreement. In no event shall the authority dissolve while any bonds of the authority are outstanding.
2023 West Virginia Code › Chapter 4. The Legislature › Article 11A. Legislative Appropriation of Tobacco Settlement Funds › §4-11A-18. Dedication of Personal Income Tax Proceeds as Replacement Moneys for Anticipated Tobacco Master Settlement Agreement Proceeds to the Old Fund

(a) There is hereby dedicated an annual amount of $50,400,000 from annual collections of the tax imposed by article twenty-one, chapter eleven of this code as a portion of the revenue source dedicated to satisfy the Old Fund liabilities as they occur to provide a dollar for dollar replacement of the first $30 million received pursuant to section IX(c)(1) of the master settlement agreement and the anticipated strategic compensation payments to be received pursuant to section IX(c)(2) of the master settlement agreement as previously dedicated to the Old Fund prior to the sale of state's share to the Tobacco Settlement Finance Authority. No portion of this amount may be pledged for payment of debt service on revenue bonds issued pursuant to article two-d, chapter twenty-three of this code.
(b) Notwithstanding any other provision of this code to the contrary, beginning immediately after the sale of the state's share to the Tobacco Settlement Finance Authority, $50,400,000 from collections of the tax imposed by article twenty-one, chapter eleven of this code shall be deposited each calendar year to the credit of the Old Fund created in article two-d, chapter twenty-three of this code in accordance with the following schedule. Each calendar month, except for July, August and September each year, $5,600,000 shall be transferred, on or before the twenty-eighth day of the month, to the Workers' Compensation Debt Reduction Fund created in article two-d, chapter twenty-three of this code. The transfers pursuant to this section are in addition to the transfers pursuant to section ninety-six, article twenty-one, chapter eleven of this code.
(c) Expiration. —
The transfers required by this section shall cease on and after February 1, 2016. No transfer pursuant to this section shall be made thereafter.
2023 West Virginia Code › Chapter 4. The Legislature › Article 12. Establishment of a West Virginia Law Institute › §4-12-2. Purposes and Duties

The general purposes of the West Virginia law institute are to promote and encourage the clarification and simplification of the law of West Virginia, to improve the better administration of justice and to conduct scholarly legal research and scientific legal work. To that end it shall be the duty of the West Virginia law institute to:
(a) Consider needed improvements in both substantive and procedural law and to make recommendations concerning the same to the Legislature;
(b) Examine and study the law of West Virginia to discover defects and inequities and of recommending needed reforms;
(c) Receive and consider suggestions from judges, justices, public officials, lawyers and the public generally as to defects and anachronisms in the law;
(d) Recommend from time to time such changes in the law as it deems necessary to modify or eliminate antiquated and inequitable rules of law;
(e) Render annual reports to the Legislature and, if it deems so advisable, accompany its reports with proposed bills to carry out any of its recommendations;
(f) Recommend the repeal of obsolete statutes and suggest needed amendments, additions and deletions; and
(g) Organize and conduct an annual meeting within the state for scholarly discussions of current problems in West Virginia law, bringing together representatives of the Legislature, practicing attorneys, members of the judiciary and West Virginia State Bar and representatives of the law teaching profession.
2023 West Virginia Code › Chapter 4. The Legislature › Article 12. Establishment of a West Virginia Law Institute › §4-12-3. Governing Council and Members

(a) The institute shall have such members and committees as the governing body of the West Virginia law institute may direct. The governing body shall also elect a president, secretary and any other officers as it determines necessary.
(b) The governing body of the institute shall be a council composed of ex officio members and elected members as follows:
(1) One justice of the West Virginia Supreme Court of Appeals to be selected by the justices thereof;
(2) One circuit court judge, selected by the West Virginia judicial association;
(3) One federal judge residing in West Virginia, selected by the federal judges residing in West Virginia;
(4) The Attorney General of the State of West Virginia;
(5) One legal counsel to the Governor of the State of West Virginia;
(6) The chairperson of the judiciary committees of the Senate and the House of Delegates of the West Virginia Legislature or an attorney member of the respective committees appointed by the chairperson of the committee;
(7) One member each from the majority and minority parties of the Senate and the House of Delegates of the West Virginia Legislature to be selected by the President of the Senate and the Speaker of the House of Delegates, respectively;
(8) The director of West Virginia Legislative Services;
(9) The chairperson of the West Virginia commission on uniform state laws;
(10) The president and first vice president of the West Virginia State Bar;
(11) The chairperson of the young lawyers section of the West Virginia State Bar;
(12) The dean of the West Virginia University college of law;
(13) Two attorneys appointed by the Governor of the State of West Virginia for terms to run concurrently with the term of the Governor;
(14) The director of the continuing legal education program sponsored by the West Virginia State Bar and the West Virginia University college of law; and
(15) The editor-in-chief of the West Virginia law review.
(c) The elected membership shall consist of two faculty members who shall be elected from the members of the faculty of the West Virginia University college of law and four practicing attorneys from each of the congressional districts in the state who shall be selected by the board of Governors of the West Virginia State Bar.
(d) All ex officio members of the council shall hold their positions during their respective terms of office. The term of office of the elected members of the council shall be four years. The terms of office of the first elected practicing attorney members shall be appointed by the board of Governors of the West Virginia State Bar such that four shall be appointed for two years, four for three years and four for four years. Thereafter, appointments shall be for four years. Elected members of the council shall be eligible for reelection.
(e) Vacancies in the elected membership created by death, resignation or otherwise than by the expiration of the terms of office shall be filled by the council under such rules as it may adopt.
2023 West Virginia Code › Chapter 4. The Legislature › Article 12. Establishment of a West Virginia Law Institute › §4-12-4. Compensation of Members of the Council of the West Virginia Law Institute, Director and Assistants

The members of the council of the West Virginia law institute shall serve without any compensation for services as such. The council may employ and fix and pay reasonable compensation to the director of the institute and the director's assistants, and may pay honoraria to members of the council who perform professional services for the institute, as authorized by the council. The compensation provided for in this section shall come from private funding and no state funds are to be provided for this institute.
2023 West Virginia Code › Chapter 4. The Legislature › Article 12. Establishment of a West Virginia Law Institute › §4-12-6. Institute to Act in Advisory Capacity Only; Distribution of Reports, Studies, and Recommended Publications

The West Virginia law institute, in submitting reports to the Legislature, shall act solely in an advisory capacity. Its reports, studies and recommended publications shall be printed and shall be distributed by the institute in a manner as directed by the council.
2023 West Virginia Code › Chapter 4. The Legislature › Article 13. West Virginia Sesquicentennial of the American Civil War Commission and Fund › §4-13-1. Findings; West Virginia Sesquicentennial of the American Civil War Commission Established; Purpose

(a) The Legislature finds that the role of West Virginia, its creation as a state and the roles of individual West Virginians in the American Civil War, from the time of John Brown's Raid through the formation of the State of West Virginia and the conclusion of the American Civil War, are of such historical significance as to warrant their commemoration.
(b) There is hereby created the West Virginia Sesquicentennial of the American Civil War Commission.
(c) The purpose of the commission is to prepare for and commemorate the sesquicentennial of West Virginia's participation in the American Civil War.
2023 West Virginia Code › Chapter 4. The Legislature › Article 13. West Virginia Sesquicentennial of the American Civil War Commission and Fund › §4-13-2. Membership; Terms; Filling Vacancies; Election of Chair and Vice Chair

(a) The Governor shall appoint twelve members as follows:
(1) Three academic historians;
(2) The State Superintendent of Schools, or a designee;
(3) One representative of the Division of Culture and History;
(4) One representative of the Division of Tourism;
(5) One representative from the Herbert Henderson Minority Affairs Office;
(6) Five citizens members, no more than one of whom may be from any one state senatorial district;
(7) One member of the House of Delegates, to be appointed by the Speaker of the House of Delegates, who shall serve as an ex officio nonvoting member of the commission; and
(8) One member of the Senate, to be appointed by the President of the Senate, who shall serve as an ex officio nonvoting member of the commission.
(b) The members shall serve until July 1, 2021.
(c) Appointments to fill vacancies shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
(d) The commission shall elect a chair and a vice chair from among its members.
2023 West Virginia Code › Chapter 4. The Legislature › Article 13. West Virginia Sesquicentennial of the American Civil War Commission and Fund › §4-13-3. Expense Reimbursement

(a) Members shall serve without compensation.
(b) The commission may reimburse members for all reasonable and necessary expenses actually incurred in the performance of his or her duties as a commission member, in a manner consistent with the guidelines of the travel management office of the Department of Administration, subject to availability of funds received pursuant to subdivision (1), subsection (a), section six of this article. No provision of this section may be construed to require any appropriation of funds by the Legislature.
2023 West Virginia Code › Chapter 4. The Legislature › Article 13. West Virginia Sesquicentennial of the American Civil War Commission and Fund › §4-13-4. Quorum; Meetings

(a) A simple majority of the members serving on the board at a given time constitutes a quorum for the transaction of business.
(b) Meetings shall be held in accordance with the provisions of article nine-a, chapter six of this code.
2023 West Virginia Code › Chapter 4. The Legislature › Article 13. West Virginia Sesquicentennial of the American Civil War Commission and Fund › §4-13-6. Powers; Duties; Limitation on Duration of Contracts

(a) The commission may:
(1) Solicit, accept, use and dispose of gifts, grants, donations, bequests or other funds or real or personal property for the purpose of aiding or facilitating the work of the commission, upon compliance with the provisions of section two, article two, chapter twelve of this code;
(2) Procure supplies, services and property and make or enter into contracts, leases or other legal agreement as necessary to carry out its duties: Provided, That no contract, lease or other legal agreement may be entered into by the commission with terms which would extend beyond the termination date of the commission;
(3) Plan, develop and carry out programs and activities appropriate to commemorate the sesquicentennial of the American Civil War;
(4) Encourage civic, historical, educational, economic and other organizations throughout West Virginia to organize and participate in activities to expand the understanding and appreciation of the American Civil War;
(5) Provide technical assistance to localities and nonprofit organizations to further the commemoration of the sesquicentennial of the American Civil War;
(6) Develop programs and facilities to ensure that the sesquicentennial commemoration of the American Civil War result in a positive legacy and long-term public benefit;
(7) Encourage the development and conduct of programs designed to involve all citizens in activities that commemorate the sesquicentennial of the American Civil War; and
(8) Focus its activities on the role of West Virginia and its creation as a state and the roles of individual West Virginians in the American Civil War.
(b) The commission shall report to the Legislature at each regular session and at the same time report to the Governor concerning the action taken by the commission during the previous year in carrying out the provisions of this article and make such special reports as may be required by the Legislature and Governor.
2023 West Virginia Code › Chapter 4. The Legislature › Article 13A. West Virginia Semiquincentennial Commission and Fund › §4-13A-1. Findings; West Virginia Semiquincentennial Commission Established; Purpose

(a) The Legislature finds that the 250th anniversary of our nations founding is of such historical significance as to warrant its commemoration.
(b) There is hereby created the West Virginia Semiquincentennial Commission.
(c) The purpose of the commission is to prepare for and commemorate the semiquincentennial of our nations founding.
2023 West Virginia Code › Chapter 4. The Legislature › Article 13A. West Virginia Semiquincentennial Commission and Fund › §4-13A-2. Membership; Terms; Filling Vacancies; Election of Chair and Vice Chair

(a) The Governor shall appoint 10 members as follows:
(1) Three academic historians;
(2) Five citizens members, no more than one of whom may be from any one state senatorial district;
(3) A member of the National Society of the Sons of the American Revolution;
(4) A member of the National Society of the Daughters of the American Revolution;
(b) The following shall serve as ex-officio voting members;
(1) The State Superintendent of Schools, or a designee;
(2) The Cabinet Secretary of Commerce, or a designee;
(3) The Cabinet Secretary of Economic Development, or a designee;
(4) The Curator of the Department of Arts, Culture, and History, or a designee;
(5) The Secretary of the Department of Tourism, or a designee;
(6) The Executive Director of the Herbert Henderson Minority Affairs Office, or a designee;
(7) The West Virginia State Archivist;
(8) The Director of the West Virginia State Museums;
(9) One member of the House of Delegates, to be appointed by the Speaker of the House of Delegates, who shall serve as an ex officio nonvoting member of the commission; and
(10) One member of the State Senate, to be appointed by the President of the Senate, who shall serve as an ex officio nonvoting member of the commission;
(11) Members of the United States Senate from the State of West Virginia, or their designees shall serve as ex officio nonvoting members of the commission;
(12) Members of the United States House of Representatives from the State of West Virginia, or their designees shall serve as ex officio nonvoting members of the commission;
(c) All appointed members shall serve at the will and pleasure of the Governor;
(d) Appointments to fill vacancies shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments.
(e) The curator of the West Virginia Department of Arts, Culture and History shall serve as the chair of the commission. The commission shall elect a vice chair and secretary from among its members.
2023 West Virginia Code › Chapter 4. The Legislature › Article 13A. West Virginia Semiquincentennial Commission and Fund › §4-13A-3. Expense Reimbursement

(a) Members shall serve without compensation.
(b) The commission may reimburse members for all reasonable and necessary expenses actually incurred in the performance of his or her duties as a commission member, in a manner consistent with the guidelines of the travel management office of the Department of Administration, subject to availability of funds received pursuant to 4-13A-6(a)(1). No provision of this section may be construed to require any appropriation of funds by the Legislature.
2023 West Virginia Code › Chapter 4. The Legislature › Article 13A. West Virginia Semiquincentennial Commission and Fund › §4-13A-4. Quorum; Meetings

(a) A simple majority of the members serving on the board at a given time constitutes a quorum for the transaction of business.
(b) Meetings shall be held in accordance with the provisions of 6-9A-1
et seq.
, of this code.
2023 West Virginia Code › Chapter 4. The Legislature › Article 13A. West Virginia Semiquincentennial Commission and Fund › §4-13A-6. Powers; Duties; Limitation on Duration of Contracts

The commission may:
(1) Solicit, accept, use, and dispose of gifts, grants, donations, bequests, or other funds or real or personal property for the purpose of aiding or facilitating the work of the commission, upon compliance with the provisions of 12-2-2 of this code;
(2) Procure supplies, services, and property and make or enter into contracts, leases, or other legal agreement as necessary to carry out its duties:
Provided
, That no contract, lease or other legal agreement may be entered into by the commission with terms which would extend beyond the termination date of the commission;
(3) Plan, develop and carry out programs and activities appropriate to commemorate the semiquincentennial of the founding of our nation;
(4) Encourage civic, historical, educational, economic, and other organizations throughout West Virginia to organize and participate in activities to expand the understanding and appreciation of the United States of America;
(5) Provide technical assistance to localities and nonprofit organizations to further the commemoration of the semiquincentennial of the founding of our nation;
(6) Develop programs and facilities to ensure that the semiquincentennial commemoration of the founding of our nation results in a positive legacy and long-term public benefit; and
(7) Encourage the development and conduct of programs designed to involve all citizens in activities that commemorate the semiquincentennial of the founding of our nation.
2023 West Virginia Code › Chapter 4. The Legislature › Article 14. Legislative Oversight Commission on Department of Transportation Accountability › §4-14-1. Findings, Purpose and Intent

(a) The Legislature hereby finds and declares that:
(1) Investment in infrastructure is crucial to the well-being of West Virginians and West Virginia businesses;
(2) The state must spend funds wisely on infrastructure in order to get the best return on investment and must make long-term plans for investment;
(3) The federal government is an unpredictable and unreliable partner in providing consistent funding for infrastructure investment;
(4) The Legislature directed a Division of Highways performance and efficiency audit in 2015; and
(5) In order to maintain proper oversight to ensure that sufficient transportation planning is made, funds are spent wisely and efficiently, and the Department of Transportation is functioning appropriately, the Legislative Oversight Commission on Department of Transportation Accountability is hereby created.
(b) It is the intent of the Legislature that all actions taken pursuant to the provisions of this article by the Legislature and the Department of Transportation serve the following core set of principles:
(1) That all Department of Transportation infrastructure investments be coordinated to maximize efficiencies and minimize cost thereby addressing the needs of the citizens more effectively;
(2) That communication be facilitated among the various agencies within the Department of Transportation and between the department and the Legislature;
(3) That policy changes, not made by legislative rule, be discussed with the commission for purposes of coordinating those policies with stated goals;
(4) That programs or policies implemented in accordance with federal mandates be communicated to the commission;
(5) That in developing and implementing programs with private or federal grant moneys, the various agencies communicate their efforts to the commission to ensure and facilitate future state funding; and
(6) That any Department of Transportation agencies exempted from rule-making review by federal or state statutes advise the commission of program changes which may affect infrastructure investment in West Virginia.
2023 West Virginia Code › Chapter 4. The Legislature › Article 14. Legislative Oversight Commission on Department of Transportation Accountability › §4-14-2. Definitions

As used in this article:
(1) “Agency” means each agency, authority, board, committee, commission or division of the Department of Transportation;
(2) “Commission” means the Legislative Oversight Commission on Transportation Accountability, as created in section three of this article; and
(3) “Department” means the Department of Transportation.
2023 West Virginia Code › Chapter 4. The Legislature › Article 14. Legislative Oversight Commission on Department of Transportation Accountability › §4-14-3. Creation of a Legislative Oversight Commission on Department of Transportation Accountability

(a) There is hereby created a joint commission of the Legislature known as the Legislative Oversight Commission on Department of Transportation Accountability. The commission shall be composed of seven members of the Senate appointed by the President of the Senate and seven members of the House of Delegates appointed by the Speaker of the House of Delegates. No more than four of the seven members appointed by the President of the Senate and the Speaker of the House of Delegates, respectively, may be members of the same political party. In addition, the President of the Senate and Speaker of the House of Delegates shall be ex officio nonvoting members of the commission. The co-chairs of the commission shall be the chair of the Senate Transportation and Infrastructure Committee and the chair of the House Roads and Transportation Committee. At least one of the Senate appointees and at least one of the House of Delegates appointees shall be a member of the committee on finance of the Senate and House of Delegates, respectively. The members shall serve until their successors shall have been appointed as heretofore provided.
(b) Members of the commission shall receive such compensation and expenses as provided in article two-a, chapter four of this code. Such expenses and all other expenses including those incurred in the employment of legal, technical, investigative, clerical, stenographic, advisory and other personnel shall be paid from an appropriation to be made expressly for the Legislative Oversight Commission on Department of Transportation Accountability: Provided, That if no such appropriation be made, such expenses shall be paid from the appropriation under Fund No. 0175 for Joint Expenses created pursuant to the provisions of said chapter: Provided, however, That no expense of any kind payable under the account for joint expenses shall be incurred unless first approved by the Joint Committee on Government and Finance.
(c) The commission shall meet at any time both during sessions of the Legislature and in the interim or as often as may be necessary.
(d) The President of the Senate and Speaker of the House of Delegates shall assign such staff as may be deemed necessary to aid the commission in carrying out the provisions of this article.