reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 2B. Limitations on a Public Official From Using His or Her Name or Likeness › §6B-2B-5. Existing Items as of the Effective Date

(a) If a public official, public employee or public agency possesses items or materials in contravention of this rule or section five-c, article two of this chapter that were purchased prior to the effective date, the public official, public employee or public agency may not continue to distribute, disseminate, communicate or display publicly these items or materials.
(b) Notwithstanding the prohibition in subsection (a) of this section,
(1) Materials may be used publicly if the public official’s name or likeness are permanently removed or covered: Provided, That a public official’s name or likeness may be covered with a sticker, be marked out or obliterated in any other manner;
(2) The public agency may use the items or materials for internal use if they are not publicly distributed, disseminated, communicated or displayed; and
(3) When appropriate and in compliance with law, a public agency may donate the items to surplus, charity or an organization serving the poor and needy.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 2B. Limitations on a Public Official From Using His or Her Name or Likeness › §6B-2B-6. Allowance for Exemption

If any of the prohibitions contained in this article create an undue hardship or will cause significant financial impact upon the public agency to bring existing material, vehicles or items into compliance with this article, the public agency may seek a written exemption from the West Virginia Ethics Commission. In any request, the Ethics Commission shall make public the name of public agency seeking the exemption, along with the affected public official, if any.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 3. Lobbyists › §6B-3-3. Photograph and Information-Booklet-Publication

Each lobbyist shall, at the time he or she registers, submit to the commission a recent photograph of the lobbyist of a size and format as determined by rule of the commission, together with the name of the lobbyist's employer, a brief biographical description, and any other information the lobbyist may wish to submit, not to exceed fifty words in length. The photograph and information shall be published at least annually in a booklet form by the commission for distribution to government officers or employees, lobbyists, and to the public. The method of distribution is in the discretion of the commission, which is not required to compile and maintain a distribution list of all persons who may be entitled to receive the booklet.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 3. Lobbyists › §6B-3-3a. Registration Fees

(a) Each lobbyist shall, at the time he or she registers, pay the Commission a base registration fee of $100, plus $100 for each employer represented, to be filed with the initial registration statement and with each new registration statement filed by the lobbyist in subsequent odd numbered years. Whenever a lobbyist modifies his or her registration to add additional employers, an additional registration fee of $100 for each additional employer represented shall be paid to the Commission.
(b) All fees authorized and collected pursuant to this article shall be paid to the Ethics Commission and thereafter deposited pursuant to section six, article one of this chapter.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 3. Lobbyists › §6B-3-3b. Conflict of Interest

A lobbyist or a lobbyist's immediate family member may not participate in any decision as a member of a state or county board, council, commission or public service district if the lobbyist may receive direct, personal economic or pecuniary benefit from a decision of that state or county board, council, commission or public service district. The lobbyist's economic or pecuniary benefit must affect him or her directly and not merely as a member of a class.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 3. Lobbyists › §6B-3-3c. Lobbyist Training Course

The commission shall provide a training course for registered lobbyists and prospective lobbyists at least twice each year regarding the provisions of the ethics code relevant to lobbyists. One such course shall be conducted during the month of January. In addition to the registration fees authorized in section three-a of this article, the commission may collect a reasonable fee established by legislative rule authorized pursuant to article three, chapter twenty-nine-a of this code from those attending lobbyist training, which is to be collected by the Ethics Commission and deposited pursuant to section six, article one of this chapter. To maintain registration and engage in lobbying activities, a lobbyist must complete one such training course during each two-year registration cycle as described in section three-a of this article: Provided, That a lobbyist must attend such training course prior to engaging in lobbying activities.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 3. Lobbyists › §6B-3-5. Grass Roots Lobbying Campaigns

(1) Any person who has made expenditures, not required to be reported under other sections of this chapter, exceeding $5,000 in the aggregate within any three-month period or exceeding $1,000 in the aggregate within any one-month period in presenting a program addressed to the public, a substantial portion of which is intended, designed, or calculated primarily to influence legislation, shall be required to register and report, as provided in subsection (2) of this section, as a sponsor of a grass roots lobbying campaign.
(2) Within 30 days after becoming a sponsor of a grass roots lobbying campaign, the sponsor shall register by filing with the Ethics Commission a registration statement, in such detail as the commission shall prescribe, showing:
(a) The sponsors name, address and business or occupation, and, if the sponsor is not an individual, the names, addresses, and titles of the controlling persons responsible for managing the sponsors affairs;
(b) The names, addresses and business or occupation of all persons organizing and managing the campaign, or hired to assist the campaign, including any public relations or advertising firms participating in the campaign, and the terms of compensation for all such persons;
(c) The names and addresses of each person contributing $1,000 or more made for the purpose of furthering the campaign and the aggregate amount contributed;
(d) The purpose of the campaign, including the specific legislation, rules, rates, standards or proposals that are the subject matter of the campaign;
(e) The totals of all expenditures made or incurred to date on behalf of the campaign, which totals shall be segregated according to financial category, including, but not limited to, the following: Advertising, segregated by media, and, in the case of large expenditures (as provided by legislative rule of the commission), by outlet; contributions; entertainment, including meals and beverages; office expenses, including rent and the salaries and wages paid for staff and secretarial assistance, or the proportionate amount thereof paid or incurred for lobbying campaign activities; consultants; and printing and mailing expenses.
(3) Every sponsor who has registered under this section shall file reports with the commission, which reports shall be filed for the same time periods required for the filing of lobbyists reports under the provisions of 6B-3-4 of this code.
(4) When the campaign has been terminated, the sponsor shall file a notice of termination with the final monthly report, which notice shall state the totals of all contributions and expenditures made on behalf of the campaign, in the same manner as provided for in the registration statement.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 3. Lobbyists › §6B-3-6. Employment of Unregistered Persons

It shall be a violation of this chapter for any person to employ for pay or any consideration, or pay or agree to pay any consideration to, a person to lobby who is not registered under this chapter except upon condition that such person register as a lobbyist as provided by this chapter, and such person does in fact so register as soon as practicable.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 3. Lobbyists › §6B-3-7. Duties of Lobbyists

A person required to register as a lobbyist under this article also has the following obligations, the violation of which constitutes cause for revocation of his or her registration and termination of his or her lobbying privileges and may subject the person, and the person's employer, if employer aids, abets, ratifies or confirms the violation, to other civil liabilities as provided by this chapter.
(1) Any person required to register as a lobbyist shall obtain, preserve and make available for inspection by the Commission at any time all accounts, bills, receipts, books, papers and documents necessary to substantiate the financial reports required to be made under this article for a period of at least two years from the date of the filing of the statement to which those items relate: Provided, That if a lobbyist is required under the terms of his or her employment contract to turn any records over to his or her employer, responsibility for the preservation of the records under this subsection shall rest with the employer.
(2) In addition, a person required to register as a lobbyist may not:
(A) Engage in any lobbying activity before registering as a lobbyist;
(B) Knowingly deceive or attempt to deceive any government officer or employee as to any fact pertaining to a matter which is the subject of lobbying activity;
(C) Cause or influence the introduction of any legislation for the purpose of thereafter being employed to secure its defeat;
(D) Exercise any undue influence, extortion or unlawful retaliation upon any government officer or employee by reason of the government officer or employee's position with respect to, or his or her vote upon, any matter which is the subject of lobbying activity;
(E) Exercise undue influence upon any legislator or other privately employed government officer or employee through communications with the person's employer;
(F) Give a gift to any government officer or employee in excess of or in violation of any limitations on gifts set forth in subsection (c), section five, article two of this chapter or give any gift, whether lawful or unlawful, to a government officer or employee without the government officer or employee's knowledge and consent.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 3. Lobbyists › §6B-3-9. Penalties

(a) Any person who is required under the provisions of this article to file an application, statement or report and who willfully and knowingly makes a false statement, conceals a material fact or otherwise commits a fraud in the application, statement or report is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined in a county or regional jail not more than one year, or both.
(b) A person who is subject to the registration and reporting requirements of this article and who fails or refuses to register or who fails or refuses to file a required statement or report or who otherwise violates the provisions of this article may be the subject of a complaint filed with the Ethics Commission and may be proceeded against in the same manner and to the same ends as a public officer or public employee under the provisions of this chapter.
(c) A person who willfully and knowingly files a false report under the provisions of this article is liable in a civil action to any government officer or employee who sustains damage as a result of the filing or publication of the report.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 3. Lobbyists › §6B-3-10. Provisions May Be Adopted by Local Governments; Disclosures by State Agencies, Municipalities, Counties, and School Districts Relating to Lobbying Activities

(a) An incorporated municipality may enact lobbyist regulation provisions substantially similar to the provisions of this article which may be modified to the extent necessary to make the provisions relevant to that jurisdiction and which may be further modified to the extent deemed necessary and appropriate by and for that jurisdiction.
(b) Beginning on July 1, 2022, every state agency, municipality, county, and school district in the state that contracts for lobbying services shall disclose, and when applicable provide copies of, the following information to the West Virginia Ethics Commission:
(1) Contract details, including, but not limited to, the identities of the parties to the contract, the date on which the contract becomes or became effective, any applicable extension dates, payment and reimbursement terms, and duration;
(2) A copy of the contract for lobbying services;
(3) All costs to be paid or reimbursed, or already paid or reimbursed, for lobbying services associated with or related to the contract for lobbying services, including itemized expenses such as dinners, meals, or events; and
(4) The identities of any individuals or entities engaging in activities pursuant to the contract for lobbying services that may require the individual or entity to register as a lobbyist.
(c) On July 1, 2023, and on July 1 of each year thereafter, every state agency, municipality, county, and school district in the state that has contracted for lobbying services in the preceding year shall report to the Ethics Commission all information required by the provisions of subsection (b) of this section.
2023 West Virginia Code › Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure › Article 3. Lobbyists › §6B-3-11. Compliance Audits

(a) The Commission shall initiate, by lottery, random audits of lobbyist registration statements and disclosure reports required to be filed under this chapter on or after July 1, 2005: Provided, That the Commission may not conduct compliance audits pursuant to this section until it has proposed for promulgation and received final approval from the Legislature of a legislative rule in accordance with the provisions of chapter twenty-nine-a of this code setting forth, among other things, the manner in which the audit is to be conducted, the information, documents and materials to be considered during the audit, the selection and qualification of the Auditor(s), the audit procedures to be employed by the Auditors and the preparation and contents of any post-audit reports.
(b) The Commission may hold up to four lotteries per year. The number of lotteries held within a given year will be a matter within the Commission's discretion.
(c) The number of audits to be conducted will be determined by the Commission through resolutions adopted at public meetings and based on various factors, including the complexity, results and time required to complete the audits.
(d) No lobbyist or lobbyist's employer will be subject to a random audit more than once in any 24-month period.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 1. Whistle-Blower Law › §6C-1-2. Definitions

The following words and phrases when used in this article have the meanings given to them in this section unless the context clearly indicates otherwise:
(a) "Appropriate authority" means a federal, state, county or municipal government body, agency or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or waste; or a member, officer, agent, representative or supervisory employee of the body, agency or organization. The term includes, but is not limited to, the office of the Attorney General, the office of the State Auditor, the commission on special investigations, the Legislature and committees of the Legislature having the power and duty to investigate criminal law enforcement, regulatory violations, professional conduct or ethics, or waste.
(b) "Employee" means a person who performs a full or part-time service for wages, salary, or other remuneration under a contract of hire, written or oral, express or implied, for a public body.
(c) "Employer" means a person supervising one or more employees, including the employee in question, a superior of that supervisor, or an agent of a public body.
(d) "Good faith report" means a report of conduct defined in this article as wrongdoing or waste which is made without malice or consideration of personal benefit and which the person making the report has reasonable cause to believe is true.
(e) "Public body" means any of the following:
(1) A department, division, officer, agency, bureau, board, commission, court in its nonjudicial functions only, council, institution, spending unit, authority or other instrumentality of the State of West Virginia;
(2) A commission, council, department, agency, board, court, in its nonjudicial functions only, official, special district, corporation or other instrumentality of a county or a municipality or a regional or joint governing body of one or more counties or municipalities; or
(3) Any other body which is created by state or political subdivision authority or which is funded by thirty-five percent or more by or through state or political subdivision authority, or a member or employee of that body.
(f) "Waste" means an employer or employee's conduct or omissions which result in substantial abuse, misuse, destruction or loss of funds or resources belonging to or derived from federal, state or political subdivision sources.
(g) "Whistle-blower" means a person who witnesses or has evidence of wrongdoing or waste while employed with a public body and who makes a good faith report of, or testifies to, the wrongdoing or waste, verbally or in writing, to one of the employee's superiors, to an agent of the employer or to an appropriate authority.
(h) "Wrongdoing" means a violation which is not of a merely technical or minimal nature of a federal or state statute or regulation, of a political subdivision ordinance or regulation or of a code of conduct or ethics designed to protect the interest of the public or the employer.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 1. Whistle-Blower Law › §6C-1-3. Discriminatory and Retaliatory Actions Against Whistle-Blowers Prohibited; Promotion, Increased Compensation Protected

(a) No employer may discharge, threaten, or otherwise discriminate or retaliate against an employee by changing the employees compensation, terms, conditions, location, or privileges of employment because the employee, acting on his or her own volition, or a person acting on behalf of or under the direction of the employee, makes a good faith report, or is about to report, verbally or in writing, to the employer or appropriate authority, an instance of wrongdoing or waste.
(b) No employer may discharge, threaten, or otherwise discriminate or retaliate against an employee by changing the employees compensation, terms, conditions, location, or privileges of employment because the employee is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry held by an appropriate authority or in a court action.
(c) No employer may deny a whistle-blower covered by the civil service system, because of his or her status or actions as a whistle-blower, a promotion or other increase in compensation that the whistle-blower otherwise would have received.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 1. Whistle-Blower Law › §6C-1-4. Civil Action by Whistle-Blower for Violation; Limitation on Actions; Burden of Proof; Defense; Use of Evidence in Civil Service Proceeding; Grievance Action Available; Other Rights and Actions Not Limited

(a) A person who alleges that he or she is a victim of a violation of this article may bring a civil action in a court of competent jurisdiction for appropriate injunctive relief or damages, or both, within two years after the occurrence of the alleged violation.
(b) An employee alleging a violation of this article must show by a preponderance of the evidence that, prior to the alleged reprisal, the employee, or a person acting on behalf of or under the direction of the employee, had reported or was about to report in good faith, verbally or in writing, an instance of wrongdoing or waste to the employer or an appropriate authority.
(c) It shall be a defense to an action under this section if the defendant proves by a preponderance of the evidence that the action complained of occurred for separate and legitimate reasons, which are not merely pretexts.
(d) An employee covered by the civil service system who contests a civil service action, believing it to be motivated by the employee having made a disclosure of information, may submit as admissible evidence any or all material relating to the action as whistle-blower and to the resulting alleged reprisal.
(e) Any employee covered by the civil service system who has suffered a retaliatory action as a result of being a whistle-blower may pursue a grievance under the West Virginia Public Employees Grievance Procedure.
(f) Nothing in this article shall impair or limit any other right or legal action of an employee covered by the civil service system.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 1. Whistle-Blower Law › §6C-1-5. Redress for Whistle-Blower

A court, in rendering a judgment for the complainant in an action brought under this article, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, if the court determines that the award is appropriate.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 1. Whistle-Blower Law › §6C-1-6. Civil Penalty; Termination From Public Service

(a) A person who, as an employer or under color of an employer’s authority, violates this article is personally liable for a civil fine of not more than $5,000. A civil fine which is collected under this section shall be paid to the State Treasurer for deposit into the General Fund.
(b) In addition to subsection (a) of this section, and notwithstanding any provision in this code to the contrary, if the court specifically finds that the person, while in the employment of a public body, committed a violation of section three of this article with the intent to discourage the disclosure of information, such finding: (1) shall be deemed a finding of official misconduct and malfeasance in office, and may be relied upon as admissible evidence in any subsequent proceeding or petition to remove the person from public office; and (2) may be relied upon by the public body as a basis to discipline the person, including, but not limited to, termination from employment: Provided, That nothing shall be construed as requiring a civil action, civil penalty or a court finding under this section as a condition or prerequisite for a public body to take disciplinary action against the person.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 1. Whistle-Blower Law › §6C-1-7. Limitations on Scope of Construction; Protections Related to Political Activity and Membership in Organization of Employee

(a) The provisions of this article shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing, or inquiry held by an appropriate authority or impair the rights of any employee covered by the civil service system to be a member of an organization of employees or to refrain from being a member of an organization of employees.
(b) Except when on duty or acting in an official capacity, and except where otherwise prohibited by state or federal law, no employee covered by the civil service system may be prohibited from engaging in political activity or be denied the right to refrain from engaging in political activity.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 2. West Virginia Public Employees Grievance Procedure › §6C-2-1. Purpose

(a) The purpose of this article is to provide a procedure for the resolution of employment grievances raised by the public employees of the State of West Virginia, except as otherwise excluded in this article.
(b) Resolving grievances in a fair, efficient, cost-effective, and consistent manner will maintain good employee morale, enhance employee job performance, and better serve the citizens of the State of West Virginia.
(c) Nothing in this article prohibits the informal disposition of grievances by stipulation or settlement agreed to in writing by the parties, nor the exercise of any hearing right provided in chapter 18 or 18A of this code. Parties to grievances shall always act in good faith and make every possible effort to resolve disputes at the lowest level of the grievance procedure.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 2. West Virginia Public Employees Grievance Procedure › §6C-2-5. Enforcement and Appeal

(a) The decision of the administrative law judge is final upon the parties and is enforceable in the circuit court of Kanawha County.
(b) A party may appeal the decision of the administrative law judge on the grounds that the decision:
(1) Is contrary to law or a lawfully adopted rule or written policy of the employer;
(2) Exceeds the administrative law judge's statutory authority;
(3) Is the result of fraud or deceit;
(4) Is clearly wrong in view of the reliable, probative and substantial evidence on the whole record; or
(5) Is arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(c) A party shall file the appeal in the circuit court of Kanawha County within thirty days of receipt of the administrative law judge's decision. The decision of the administrative law judge is not automatically stayed upon the filing of an appeal, but a stay may be granted by the circuit court upon a separate motion for a stay.
(d) The court shall review the entire record that was before the administrative law judge, and the court may hear oral arguments and require written briefs. The court may reverse, vacate or modify the decision of the administrative law judge, or may remand the grievance to the administrative law judge or the chief administrator for further proceedings.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 2. West Virginia Public Employees Grievance Procedure › §6C-2-6. Allocation of Expenses and Attorney S Fees

(a) Any expenses incurred relative to the grievance procedure at levels one, two, or three shall be borne by the party incurring the expenses.
(b) In the event a grievant or employer appeals an adverse level three decision to the Intermediate Court of Appeals, or an adverse Intermediate Court of Appeals decision to the Supreme Court of Appeals of West Virginia, and the appellant substantially prevails upon the appeal, the appellant may recover court costs and reasonable attorneys fees for the appeal to be set by the court:
Provided
, That the provisions of this subsection shall only allow the discretionary recovery of court costs and reasonable attorneys fees from a grievant if he or she has not substantially prevailed at any level of the grievance process or in any appeal to the Intermediate Court of Appeals or the Supreme Court of Appeals of West Virginia.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 3. West Virginia Public Employees Grievance Board › §6C-3-2. Powers and Duties of the Board

The board shall:
(1) Maintain jurisdiction over procedural matters in the grievance process;
(2) Employ competent administrative law judges and a chief administrative law judge and pay them commensurately with other administrative law judges in the state, who shall be:
(A) Residents of the State of West Virginia;
(B) Members in good standing of the West Virginia State Bar; and
(C) Persons who have knowledge and legal experience regarding public and education employment law and alternative dispute resolution;
(3) Provide suitable office space for the board and the administrative law judges separate from any workplace in the public, educational and higher educational sectors, so that the administrative law judges are accessible statewide;
(4) Hire, discharge, set the job requirements for and fix the compensation of the director, employees and administrative law judges, who serve at the will and pleasure of the board, necessary to enforce the provisions of this article and article two of this chapter;
(5) Prepare and submit an annual budget;
(6) Establish and provide all forms necessary for the grievance process and make them easily accessible;
(7) Establish procedures to obtain and maintain records, outcomes and costs at each level of the grievance process;
(8) Keep accurate and complete records of its proceedings and hearings and certify the records as may be appropriate;
(9) Evaluate, on an annual basis, the grievance process, including written comment from employers, employees and employee organizations that participate in the process;
(10) Submit an annual report to the Joint Committee on Government and Finance, the Legislature and the Governor that includes a compilation of all data received regarding outcomes and costs at each level of the grievance process;
(11) File a mandamus proceeding against any employer failing to comply with the reporting requirements of this article; and
(12) Take all other actions necessary and proper to effectuate the purposes of this article.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 3. West Virginia Public Employees Grievance Board › §6C-3-3. Data Collection and Reporting Requirements

(a) Each employer involved in a grievance matter shall maintain the forms and all records created in the grievance process, and shall provide this information to the board in the form and manner prescribed by the board.
(b) The board shall obtain and maintain all records of grievance matters.
(c) The board shall annually report to the Joint Committee on Government and Finance, the Legislature and the Governor. The report shall contain the following:
(1) An overview of grievance-related issues;
(2) The number of grievances against each employer;
(3) Identification of each grievance by type of grievance, level of resolution and cost of the grievance, including the estimated cost of employee time to handle the grievance and actual cost of any legal time or damages paid in the resolution of the grievance;
(4) The number and type of grievances granted, denied or resolved by other means, including informal resolutions and alternative dispute resolution, and the actual or estimated cost of handling the grievance at each level of the grievance process;
(5) Any legislative recommendations for changes to the grievance process as a result of the data collected; and
(6) The caseload of each administrative law judge, the type of grievance, the number of grievances resolved and the number of decisions issued.
(d) Nothing contained in the annual report may breach the confidentiality of a party to the dispute, nor may any matter be disclosed if the disclosure may violate any provision of law.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 3. West Virginia Public Employees Grievance Board › §6C-3-4. Rule-Making Authority

(a) The rules established by the Education and State Employees Grievance Board in effect on the effective date of this article that are consistent with the provisions of this article and article two of this chapter remain in effect until they are amended, modified or repealed.
(b) The board may adopt, modify, amend and repeal procedural rules promulgated in accordance with article three, chapter twenty-nine-a of this code, necessary to effectuate the provisions of this article and article two of this chapter including, but not limited to, procedures to create and distribute forms, obtain and maintain records and collect and report data.
(c) The board shall adopt, modify, amend, repeal and enforce rules for legislative approval necessary to effectuate the provisions of this article and article two of this chapter, including any emergency rules, pursuant to article three, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 4. Compensation to State Employees for Training, Education and Professional Development › §6C-4-1. Definitions

As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:
(a) "Advanced professional development training" means any academy, class, conference, course, program, seminar or training attended by an employee that:
(1) Is not required by his or her current position;
(2) Is not required for the performance of his or her current job responsibilities; and
(3) Is intended to develop a higher level of skill, to develop an increase in professional or technical knowledge, or to obtain an advanced level of professional accreditation.
"Advanced professional development training" does not include routine job training, training required for the employee's performance of his or her current job responsibilities, attendance at professional conventions, seminars, continuing professional education or any form of training required to renew an employee's professional accreditation or any training costing less than $1,000.
(b) "Agency" means an administrative unit of state government, including, without limitation, any authority, board, bureau, commission, committee, council, division, section, or office within the executive branch of state government.
(c) "Continuing professional education" means educational courses, seminars, lectures or programs necessary to maintain or renew an employee's professional accreditation.
(d) "Employee" means any person who performs a full or part-time service for wages, salary, or other remuneration under a contract for hire, written or oral, express or implied, for an agency and receives advanced professional development training after the effective date of this article.
(e) "Professional accreditation" means any certification, degree, advanced degree, endorsement or occupational license.
(f) "Training compensation" means tuition and expenses, paid to an or on the behalf of an employee for advanced professional development training.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 4. Compensation to State Employees for Training, Education and Professional Development › §6C-4-2. Agreements to Reimburse State Agencies for Training Compensation Paid to Employees; Rule-Authority

(a) Notwithstanding any other provision of this code to the contrary, an agency may require an employee to enter into a written reimbursement agreement to repay training compensation.
(b) If an employee voluntarily leaves employment with the agency within one year after receiving advanced professional development training and becomes employed within one year with an entity other than the State of West Virginia, in a capacity which utilizes the advanced professional development training, the employee shall repay a pro rata portion of the training compensation as provided in the reimbursement agreement.
(c) The Division of Personnel shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to set forth a standard reimbursement agreement form which provides the following minimum requirements:
(1) Providing general contract language including terms and conditions of repayment;
(2) Specifying types of advanced professional development training;
(3) Requiring service no longer than one year;
(4) Permitting and describing the circumstances an agency may withhold prorated amounts from any final payments due and owing to the employee; and
(5) Providing exceptions for an employee who becomes injured or ill and can no longer perform his or her assigned job functions.
2023 West Virginia Code › Chapter 6C. Public Employees › Article 4. Compensation to State Employees for Training, Education and Professional Development › §6C-4-3. Exemptions

(a) The provisions of this article do not apply to:
(1) Training offered to a member of the West Virginia State Police during his or her participation in the West Virginia State Police Cadet Training Program in accordance with the provisions of subsection (i), section five, article two, chapter fifteen of this code;
(2) A member of the West Virginia National Guard; and
(3) Employees of the Legislature, the Supreme Court of Appeals, the Attorney General, the Secretary of State, the Auditor, the Treasurer and the Commissioner of Agriculture.
2023 West Virginia Code › Chapter 6D. Public Contracts › Article 1. Disclosure of Interested Parties › §6D-1-1. Definitions

For purposes of this article:
(a) “Applicable contract” means a contract of a state agency that has an actual or estimated value of at least $1 million: Provided, That this shall include a series of related contracts or orders in which the cumulative total exceeds $1 million.
(b) “Business entity” means any entity recognized by law through which business is conducted, including, but not limited to, a sole proprietorship, partnership, limited liability company, or corporation. For purposes of this article, “business entity” does not include publicly traded companies listed on a national or international stock exchange.
(c) “Disclosure” shall mean a form prescribed and approved by the Ethics Commission pursuant to §6D-1-3 of this code.
(d) “Interested party” or “interested parties” means: (1) A business entity performing work or service pursuant to, or in furtherance of, the applicable contract, including sub-contractors; (2) any person who has an ownership interest equal to or greater than 25 percent in the business entity performing work or service pursuant to, or in furtherance of, the applicable contract; and (3) the person or business entity, if any, that served as a compensated broker or intermediary to actively facilitate the applicable contract or negotiated the terms of the applicable contract with the state agency: Provided, That §6D-1-1(d)(3) of this code shall not include persons or business entities performing legal services related to the negotiation or drafting of the applicable contract.
(e) “State agency” means a board, commission, office, department, or other agency in the executive, judicial, or legislative branch of state government, including publicly funded institutions of higher education: Provided, That for purposes of this article, the West Virginia Investment Management Board shall not be deemed a state agency nor subject to the requirements of this article.
2023 West Virginia Code › Chapter 6D. Public Contracts › Article 1. Disclosure of Interested Parties › §6D-1-2. Disclosure of Interested Parties to a Public Contract; Supplemental Disclosure

(a) A State agency may not allow a vendor to perform work on an applicable contract that has been awarded to a business entity unless and until the business entity submits to the state agency a disclosure of interested parties to the applicable contract.
(b) The business entity shall submit the disclosure to the State agency prior to commencing work on an applicable contract award.
(c) Within 30 days following the completion or termination of the applicable contract, the business entity shall submit a supplemental disclosure of interested parties reflecting any new or differing interested parties to the contract.
2023 West Virginia Code › Chapter 6D. Public Contracts › Article 1. Disclosure of Interested Parties › §6D-1-3. Filing With Ethics Commission

(a) The disclosure of interested parties must be submitted on a form prescribed and approved by the Ethics Commission that includes:
(1) A list of each interested party to the contract that is known or reasonably anticipated by the contracting business entity; and
(2) The signature of the authorized agent of the contracting business entity, acknowledging that the disclosure is made under oath and under penalty of perjury.
(b) Not later than the fifteenth day after the date the state agency receives an initial or supplemental disclosure of interested parties required under this section, the state agency shall submit a copy of the disclosure to the Ethics Commission.
(c) The Ethics Commission shall make copies of the disclosures received from state agencies publicly available. To the extent possible under existing technology or upon obtaining sufficient technology, the Ethics Commission shall post copies of the disclosures on the commission’s website.
2023 West Virginia Code › Chapter 6D. Public Contracts › Article 1. Disclosure of Interested Parties › §6D-1-4. Higher Education Compliance

(a) The provisions of section two and three of this article do not apply to applicable contracts of a state institution of higher education, as defined in section two, article one, chapter eighteen-b, if the state institution of higher education complies with the requirements of this section and has a policy in place that provides as follows:
(1) For business entities that are not registered to do business with the State of West Virginia, at the time of registration of a business entity seeking to enter into an applicable contract with a state institution of higher education, the state institution of higher education requires the business entity to disclose in writing the interested parties of the business entity before any applicable contracts are executed;
(2) For business entities that are already registered to do business with the State of West Virginia, and a business entity is seeking to enter into an applicable contract with a state institution of higher education, the state institution of higher education requires the business entity to disclose in writing the interested parties of the business entity before any applicable contract is executed;
(3) Business entities are required to update any changes to the list of interested parties of the business entity on a periodic basis; and
(4) The disclosures required by this section are made in writing, by an authorized agent under oath and under penalty of perjury.
(b) The state institution of higher education shall provide a report to the ethics commission on or before December 31 of each year listing all business entities that received more than one-hundred thousand dollars from the institution of higher education during the previous fiscal year, with an accompanying list of interested parties provided by each such business entity.
(c) For purposes of this section, the term “interested parties” shall not include any sub-contractors receiving less than $50,000 under an applicable contract.
2023 West Virginia Code › Chapter 7. County Commissions and Officers › Article 1. County Commissions Generally › §7-1-1. County Commissions Corporations; How Constituted; Election of President

(a) The county commission, formerly the county court, tribunal or county council in lieu thereof, of every county within the State of West Virginia shall be a corporation by the name of "The county commission of ................... County", or "The County Council of ....................... County" by which name it may sue and be sued, plead and be impleaded and contract and be contracted with. (b) A county commission shall consist of three commissioners as provided in section nine, article IX of the Constitution of the State of West Virginia, any two of whom shall constitute a quorum for the transaction of business.
(c) A county council, created on or after July 1, 2008, as an alternative to a county commission pursuant to section thirteen, article IX of the Constitution of West Virginia, shall consist of four or more members, a majority of whom shall constitute a quorum for the transaction of business.
(d) Unless provided otherwise in an alternative form of government, each county commission or council shall annually, at its first session in each year, or as soon thereafter as practicable, elect one of its commissioners or council members as president of the county commission or council.
(e) Throughout this chapter and the code, the term "county commission" or any reference to a county commission shall include all county councils created in lieu of the county commission.
2023 West Virginia Code › Chapter 7. County Commissions and Officers › Article 1. County Commissions Generally › §7-1-1b. Legislative Findings; Qualifications for County Commissioners

(a) The Legislature finds that:
(1) There is confusion concerning when a candidate for county commission must be a resident of the magisterial district he or she wants to represent;
(2) The supreme court has discussed the residency requirement in several cases and has conflicting interpretations;
(3) It is imperative that this issue be permanently resolved at the time of filing to ensure the citizens have choice on the ballot;
(4) It is essential the citizens know they are voting for a person who is qualified to be a candidate; and
(5) With the expense of holding an election, tax payer moneys should not be wasted of officials who could never serve.
(b) A candidate for the office of county commissioner shall be a resident from the magisterial district for which he or she is seeking election:
(1) By the last day to file a certificate of announcement pursuant to section seven, article five, chapter three of this code; or
(2) At the time of his or her appointment by the county executive committee or the chairperson of the county executive committee.
2023 West Virginia Code › Chapter 7. County Commissions and Officers › Article 1. County Commissions Generally › §7-1-2. Sessions

The county court of each county shall hold four regular sessions in each year at the courthouse thereof, at such times as may be fixed upon and entered of record by the court. It may also hold special sessions, whenever the public interests may require it, to be called by the president with the concurrence of at least one other commissioner; and the commissioner, if any, not concurring therein, must have at least twenty-four hours' notice of the time appointed for such special session. A notice of the time of such special session, and of the purpose for which it will be held, shall be posted by the clerk of the court, at the front door of the courthouse of the county, at least two days before such session is to be held. If such commissioner, after due notice thereof, shall willfully fail to attend such special session, he shall forfeit not less than $5 nor more than $20.