reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 9. Human Services › Article 10. West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund › §9-10-4. Criteria and Priorities for Use of Fund

(a) The Secretary shall establish priorities and criteria for the disbursement of moneys in the Fund by conducting at least one annual public meeting in each of the state’s three congressional districts in existence on January 1, 2018, to identify the needs of citizens with traumatic brain injuries and spinal cord injuries, and to identify the gaps in services to these citizens. Public meetings held pursuant to the requirements of this section shall be noticed and advertised as public meetings, and the Secretary shall accept public comments for not less than thirty days following each public meeting.
(b) On or before December 31 of each year the Secretary shall issue an annual report to the Governor and to the Legislative Oversight Commission on Health and Human Resources Accountability, with recommendations for meeting the identified needs within the existing programs, proposing statutory changes to facilitate the delivery of services, improving coordination of services and summarizing its actions during the preceding year.
(c) Moneys expended for services described under section three of this article shall be as a payer of last resort and only for citizens of this state. An individual shall use comparable benefits and services that are available prior to the expenditure of moneys available to that individual through the Fund.
2023 West Virginia Code › Chapter 9. Human Services › Article 10. West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund › §9-10-5. Promulgation of Legislative Rules

(a) The Secretary may propose legislative rules for promulgation, in accordance with the provisions of §29A-3-1 et seq. of this code, necessary for the transaction of its business or to carry out the purposes of this article. The rules shall include priorities and criteria for the disbursement of moneys in the Fund.
(b) The rules of the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund Board previously promulgated pursuant to section three, §18-10K-1 et seq. of this code shall remain in force and effect until the promulgation of new or additional rules by the Secretary.
2023 West Virginia Code › Chapter 9. Human Services › Article 10. West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund › §9-10-6. Legislative Audit

(a) On or before July 1, 2020, the Legislative Auditor shall conduct a post audit of the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund and report its findings and recommendations to the Joint Standing Committee on Government Organization.
(b) The post audit required by this section shall include, but not be limited to, a review and comprehensive report upon the following subjects:
(1) The Department of Health and Human Resources’ compliance with statutes and legislative rules governing administration of the Fund.
(2) The adequacy of oversight controls for expenditures from the Fund.
(3) The extent to which the Department of Health and Human Resources administers the Fund to maximize the number of eligible individuals served.
(4) The effectiveness of the Department of Health and Human Resources’ efforts to provide community education and outreach to eligible individuals regarding the availability of assistance from the Fund.
(5) The extent, if any, to which the functions of the Fund unnecessarily duplicate the functions of other state programs.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-1. Creation and General Purposes

(a) Effective July 1, 2011, the West Virginia Division of Veterans' Affairs is redesignated the Department of Veterans' Assistance.
(b) The purpose of the department is to aid, assist, counsel and advise, and to encourage competition among counties and municipalities to develop, improve and enhance veteran-friendly services, benefits and assistance to, veterans who have served in and been honorably discharged or separated under honorable conditions from the Armed Forces of the United States and their widows, widowers and dependents, including populations of veterans who may have special needs as a result of homelessness, incarceration or physical or mental disabilities.
(c) All references in this code to the West Virginia Division of Veterans' Affairs and the Director of the West Virginia Division of Veterans' Affairs shall mean the Department of Veterans' Assistance and the Secretary of the Department of Veterans' Assistance, respectively.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-1a. Department of Veterans' Assistance; Office of Secretary of Department of Veterans' Assistance

(a) The Secretary of the Department of Veterans' Assistance is the chief executive officer of the department. Subject to the requirements for the qualification and appointment of the secretary provided in section four of this article, the Governor shall appoint the secretary, by and with the advice and consent of the Senate, for the term for which the Governor is elected and until a successor shall have been appointed and qualified. The Secretary shall serve at the will and pleasure of the Governor. Any reference in this code to the Division of Veterans' Affairs or to the Department of Veterans' Affairs means the Department of Veterans' Assistance. Any reference in this code to the Director of the Division of Veterans' Affairs means the Secretary of the Department of Veterans' Assistance. As used in this chapter, "secretary" means the Secretary of Veterans' Assistance and "division" means Department of Veterans' Assistance.
(b) The department may receive federal funds.
(c) The secretary serves at the will and pleasure of the Governor. The annual compensation of the secretary shall be as specified in section two-a, article seven, chapter six of this code.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-1b. Powers and Duties of the Secretary

(a) The secretary controls and supervises the department and is responsible for the work of each department employee.
(b) The secretary has the power and authority specified in this article, in article two, chapter five-f of this code and as otherwise specified in this chapter.
(c) The secretary may employ staff, assistants and employees as necessary for the efficient operation of the department.
(d) The secretary may delegate his or her powers and duties to assistants and employees, but the secretary is responsible for all official acts of the department.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-2. Veterans Council; Administration of Department

(a) There is continued the Veterans Council consisting of 11 members who must be citizens and residents of this state and who have served in and been honorably discharged or separated under honorable conditions from the Armed Forces of the United States, and whose service was within a time of war as defined by the laws of the United States.
(b) Where feasible, members of the council shall be veterans who are active in the veteran community and who have been recommended by a West Virginia veterans service organization, with consideration given to ensure a diverse representation of service branches in council membership. Additionally, no more than seven members of the council shall reside in any one congressional district. The members of the veterans council shall be selected with special reference to their ability and fitness to effectuate the purposes of this article. If an eligible veteran is not available or cannot be selected, a veteran who is a citizen and resident of this state, who served in and was honorably discharged or separated under honorable conditions from the Armed Forces of the United States, and who served during any time of war or peace, may be selected.
(c) The secretary and such officers, assistants, and employees as the secretary considers advisable, shall administer the West Virginia Department of Veterans Assistance.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-3. Appointment of Veterans' Council Members; Term of Office; Removal

The term of office of the members of the veterans' council is six years, and members must be appointed by the Governor by and with the advice and consent of the Senate: Provided, That upon the expansion of the council from seven to nine members, the Governor shall initially appoint one new member for a term of four years and shall initially appoint the other new member for a term of six years. Thereafter the successors of these members shall be appointed for the term of six years. In case of a vacancy in the veterans' council, the appointment is for the remainder of the unexpired term. A member of the veterans' council is subject to removal by the Governor for cause, but may have upon his or her own request an open hearing before the Governor on the complaints or charges lodged against him or her. The action of the Governor is final.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-4. Duties and Functions of Veterans' Council; Appointment of Secretary; Honoring Academic Achievement at Military Academies

(a) It is the duty and function of The Veterans' Council to advise the secretary on the general administrative policies of the department, to select, at their first meeting in each fiscal year commencing on July 1, a chairperson to serve one year, to advise the secretary on rules as may be necessary, to advise the Governor and the Legislature with respect to legislation affecting the interests of veterans, their widows, widowers, dependents and orphans and to make annual reports to the Governor respecting the service of the department. The secretary has the same eligibility and qualifications prescribed for members of the Veterans' Council. The secretary ex officio shall maintain all records of the Veterans' Council.
(b) The Veterans' Council may annually honor each West Virginian graduating from the U. S. Military Academy, the U. S. Naval Academy, the U. S. Air Force Academy and the U. S. Coast Guard Academy with the highest grade point average by bestowing upon him or her the West Augusta Award. The award shall be in a design and form established by the council and include the famous Revolutionary War phrase from which the award's name is derived: "Once again our brethren from West Augusta have answered the call to duty." The council shall coordinate the manner of recognition of the recipient at graduation ceremonies with each academy.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-5. Compensation to and Expenses of Secretary and Veterans' Council Members; Meetings of Veterans' Council

(a) The secretary shall receive an annual salary as provided in section two-a, article seven, chapter six of this code and necessary traveling expenses incident to the performance of his or her duties.
(b) The members of the Veterans' Council shall receive no salary, but each member shall receive the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day or portion thereof engaged in the discharge of official duties. The requisition for such expenses and traveling expenses shall be accompanied by a sworn and itemized statement, which shall be filed with the Auditor and permanently preserved as a public record.
(c) The Veterans' Council shall meet on the call of its chairman, except as otherwise provided.
(d) The Veterans' Council shall meet not more than once every two months at such times as may be determined by and upon the call of the chairman for a period of not more than two days, unless there should be an emergency requiring a special meeting or for a longer period and so declared and called by the Governor or by the chairman with the approval of the Governor.
(e) A majority of the members of the Veterans' Council in office shall constitute a quorum for the conduct of official business.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-7. Definitions

(a) The word, "veterans," shall be construed to mean any person who shall have served in the Armed Forces of the United States as defined in section one of this article.
(b) The term, "federal agency," shall mean any agency, department or bureau created and established by the act of Congress, or executive order of the president of the United States.
(c) The word or term, "administrator," shall be construed to designate and refer to the administrator of veterans' affairs of the United States.
(d) The term or words, "federal act," shall mean any law of the United States.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-8. Offices

(a) The offices of the secretary shall be located at the state capitol or other place provided in the capital city. The secretary shall keep his or her offices open at all reasonable times for the transaction of business.
(b) The offices and meeting place of the Veterans' Council shall be in the offices of the secretary: Provided, That the Veterans' Council with the approval of the Governor may hold meetings at other places but not outside of this state, except in the District of Columbia.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-9. Duties of Department

The department of veterans' assistance shall:
(1) Assist veterans, their widows, widowers, dependents and orphans within the state, in properly presenting their claims before the United States Veterans' Administration, its administrator, or any federal agency, the State of West Virginia, or any of the several states of the United States, when the claims arise out of service with the armed forces of the United States as defined in section one of this article;
(2) Contact all veterans' organizations in this state through their duly elected or appointive officers to effectuate the purposes of this article and aid in the efficiency of the operations of the department;
(3) Render all possible and proper advice, assistance and counsel to veterans, their families, and their widows, dependents and orphans, within the state, and furnish them information on compensation, allowances, pensions, insurance, rehabilitation, hospitalization, education, vocational training, or refresher or retraining courses in education or training, employment, loans or aid for the purchase, acquisition or construction of homes, farms, farm equipment and business property, preference in the purchase of property and preference in employment, as provided or may be provided by any federal act, any federal agency, this state or other states;
(4) Make careful inquiry into all claims presented for payment out of the State Treasury from any appropriation made for the benefit of veterans, their widows, widowers, dependents and orphans.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-11. Establishment of Veterans Facilities Support Fund; Authorized Expenditures

(a) There is continued in the State Treasury a special revenue fund to be designated and known as the Veterans Facilities Support Fund which shall be administered by the secretary.
(b) All interest or other returns earned on the investment of the moneys in the fund shall be credited to the fund.
(c) Funds paid into the account shall be derived from the following sources: (1) Any gift, grant, bequest, endowed fund or donation which may be received by any veterans facility created by statute from any governmental entity or unit or any person, firm, foundation or corporation; and (2) All interest or other return on investment accruing to the fund.
(d) Moneys in the fund are to be used for the operational costs of any veterans facility created by statute, the acquisition, design, construction, equipping, furnishing, including, without limitation, the payment of debt service on bonds issued to finance the foregoing and/or as otherwise designated or specified by the donor.
(e) Any balance, including accrued interest or other earnings, in this special fund at the end of any fiscal year shall not revert to the General Revenue Fund but shall remain in the fund.
(f) Funds from the Veterans Facility Support Fund for operational costs of any veterans' facility as defined in this section will be distributed by appropriation of the Legislature.
(g) Funds from the Veterans Facility Support Fund for the acquisition, design, construction, equipping, furnishing, including, without limitation, the payment of debt service on bonds issued to finance the veterans nursing home shall be transferred to the Veterans Nursing Home Building Fund upon written request of the secretary.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-11a. Establishment of Veterans Cemetery Fund

There is hereby created in the state Treasury a special revenue fund to be designated and known as the Veterans Cemetery Fund which shall consist of excess revenues derived from the veterans instant lottery scratch-off game as appropriated to the fund by the Legislature and all interest or other returns earned from investment of the fund. Funds may also be derived from any gift, grant, bequest, endowed fund or donation which may be received by any veterans cemetery created by statute from any governmental entity or unit or any person, firm, foundation or corporation. Any balance, including accrued interest or other earnings, in this special fund at the end of any fiscal year shall not revert to the General Revenue Fund but shall remain in the fund.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 1. Department of Veterans' Assistance › §9A-1-16. West Virginia Veterans Service Decoration; West Virginia Service Cross

(a) A West Virginia veterans service decoration may be awarded to any resident of West Virginia who served in any of the federally recognized military services for a period at a time during which there was armed conflict.
(b) A West Virginia Service Cross and ribbon bar, along with a certificate signed by the Governor, may be awarded to any veteran who meets the criteria set forth in subsection (a) of this section, and who also was awarded a federal achievement medal, commendation medal, meritorious service medal, or a medal for valor by one of the federally recognized military services.
(c) West Virginia National Guard members may also be authorized to receive and wear the medals and ribbons authorized under the provisions of this section in an order of precedence determined by the Adjutant General.
(d) The secretary may propose rules pursuant to 29A-3-1
et seq
. of this code to implement the provisions of this section.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 2. State Homes for Veterans › §9A-2-1. State Homes for Veterans

(a) In consultation with the Governor and other appropriate state agencies, the Division Of Veterans" Affairs shall establish and maintain a home for qualified veterans. The home in Barboursville shall be designated as the sole veterans home of its type in the state. As used in this article the term "qualified veteran" means a veteran as determined by the Division of Veterans" Affairs, who meets the requirements under federal regulations and laws.
(b) Any individual enlisting for the first time on or after September 8, 1980, who fails to complete at least 24 months of his or her enlistment is not eligible for any right, privilege or benefit for which eligibility is based on active duty in the Armed Forces. This provision does not apply when a person: (1) Is discharged because of hardship; (2) is retired or separated because of disability; or (3) is later determined to have a service connected disability incurred during a completed period of enlistment.
(c) In the event that a residential vacancy exists at any veterans home or facility created and established pursuant to this article, a veteran who has been a resident of the State of West Virginia for one year or more prior to filing for admission shall be given preference in filling such residential vacancy over nonresident veterans.
(d)(1) The secretary shall study: (1) The need for additional veterans homes; (2) general housing needs for veterans; (3) and other veteran needs relating to housing.
(2) On or before November 1, 2019, the secretary shall submit its study to the Joint Committee on Health and the Joint Committee on Government and Finance regarding the housing needs of veterans, including draft legislation addressing those needs, where the need is greatest and the need for additional veterans homes.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 2. State Homes for Veterans › §9A-2-2. Funds Collected From the Federal Government; Others Sources; Use of Funds

The division of veterans' affairs is hereby authorized and directed to receive moneys from the federal government, any agency thereof, from state appropriations, from resident contributions or from any other appropriate source, for the purpose of maintaining the state veterans' home at Barboursville, which purpose shall include, but not limited to, expenditures for improvement and renovation of physical facilities, personal care costs and medical, nursing and dental services.
The money so collected shall be placed in special accounts according to the source of funds and limitation on the use of the funds. These accounts shall be administered by the director of the West Virginia division of veterans' affairs. These funds shall be deposited in the state Treasury and paid out only on such vouchers as may be authorized and approved by the director of the West Virginia division of veterans' affairs, in the same manner and under the same restrictions as are now provided by law for the disbursement of funds by that division. These funds shall only be used as directed or restricted by the source of the funds.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 2. State Homes for Veterans › §9A-2-3. Powers of Division of Veterans' Affairs

The division of veterans' affairs is authorized and empowered to establish rules and regulations providing for the tenure, treatment, eligibility and discharge of eligible veterans at the veterans' home. The rules shall be promulgated to ensure that the division, in carrying out its duties, shall comply with all federal requirements imposed on such a facility. Moreover, notwithstanding any code provisions to the contrary, rules shall be promulgated that: (1) Meet federal standards for domiciliary care; (2) define domiciliary; (3) define admittance to comply with state and federal requirements including current West Virginia resident or enlisted in service from West Virginia, war time service or service during a declared national emergency, Veterans Administration eligibility requirements for per diem, honorably discharged, suffering from a disability due to age, disease or defect that prevents them from earning a living.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 3. State Cemetery for Veterans › §9A-3-1. Department Empowered to Establish and Maintain Cemetery

The department of Veterans Affairs is hereby empowered to establish and maintain a state veterans' cemetery which shall be centrally located within the state and easily accessible. Interment in the state veterans' cemetery shall be available to all persons who are residents and citizens of the state and who have served in the Armed Forces of the United States, including the army, air force, navy, marine corps and coast guard, and who have a discharge other than dishonorable.
Further, the department of Veterans Affairs is hereby granted authority to acquire and transfer real property to the United States veterans administration contingent upon the utilization of such real property by that federal agency for the establishment of a new national cemetery or for the expansion of an existing national cemetery.
For the purposes set forth in this article the department of Veterans Affairs is hereby authorized to receive funds by gift, grant, appropriation or by any other means from any source available or to become available.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 4. Veterans Employment Training Priority › §9A-4-1. Purpose

(a) The Legislature finds that West Virginia veterans represent a strong and productive part of the workforce of this state. They are frequently disadvantaged in their pursuit of civilian employment as a result of military service and delayed entry into the civilian labor market. It is, therefore, in the public interest and welfare that veterans continue to be provided the traditional priority of services in workforce development programs administered under the provisions of the federal Workforce Investment Act of 1998.
(b) The purpose of this article is to require all federal and state funded employment and training programs offered within West Virginia to adopt a written policy providing priority of service to veterans of the United States Military over other individuals seeking employment and training services.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 4. Veterans Employment Training Priority › §9A-4-2. Definitions

(a) "Eligible veteran" means a person who:
(1) Served on active duty and was discharged or released from active duty with an honorable discharge or because of a service connected disability;
(2) As a member of a reserve component under an order to active duty, served on active duty during a period of war or in a campaign or expedition for which a campaign badge or ribbon is authorized and was discharged or released from duty with an honorable discharge; or
(3) Served as a member of a National Guard or Reserve component and completed his or her military obligation and received an honorable discharge from the National Guard or Reserve component or was discharged from the National Guard or Reserve component because of a service connected disability.
(b) "Priority of service" means the right to priority in any employment or training program offered citizens of West Virginia which is funded, in whole or in part, through federal or state moneys.
(c) "Reserve component" means any branch of the military, including any military defense forces.
(d) "Training program" means a program that provides training leading to qualification for employment, or improved skills, or both, funded, in whole or in part, through the workforce investment act or another federal or state act administered through the state and having as its primary purpose workforce development.
(e) "Training provider" means any private or public entity which has been certified by competent authority to provide training funded by federal or state funds appropriated in the budget under the jobs training partnership act or another federal or state act having as its primary purpose workforce development.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 4. Veterans Employment Training Priority › §9A-4-5. Priority of Services

An eligible veteran who has applied for and received a priority of services designation and who has otherwise met the eligibility criteria for employment training through a federal or state funded program shall be placed in a pool of eligible applicants, ordered on the date of eligibility. If both veterans and nonveterans are certified eligible on the same day, veterans shall be afforded priority in enrollment in the following manner:
(A) First priority shall be awarded to service-connected disabled veterans;
(B) Second priority shall be awarded to other eligible veterans;
(C) Third priority shall be awarded to nonveterans.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 5. Aid to At-Risk Veterans › §9A-5-1. Legislative Finding and Purpose

(a) The Legislature hereby finds that there exists a health care crisis among our states veterans and their families, with veterans in this state dying by suicide at a rate of nearly 60 percent higher than nonveterans.
(b) The Legislature finds there are significant resources available to help combat this crisis, but that these resources are not well-known or easily available to veterans and their families.
(c) The Legislature hereby specifically authorizes and directs the Department of Veterans Assistance to develop and implement programs to assist at-risk veterans, including establishing partnerships with veteran service organizations, government agencies, military organizations, private entities, and mental health providers engaged with their local veteran communities to connect veterans and their families with existing resources to combat suicide, and its contributing factors, among the veteran population in this state.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 5. Aid to At-Risk Veterans › §9A-5-2. Assistance to At-Risk Veterans; Partnerships

(a) As used in this article, "at-risk veteran" means a person who is currently serving in the armed forces on active duty, reserve status, or in the National Guard, or a person who served on active duty, reserve status, or in the National Guard, or who was discharged, and who may be at risk of suicide owing to a physical or mental health condition that is related to his or her service.
(b) In addition to the duties and powers otherwise provided to the department under this chapter, the department shall develop and implement programs to assist at-risk veterans and their families combat suicide and its contributing factors.
(c) The department may enter into partnerships or agreements with veteran service organizations, government agencies, military organizations, private entities, and mental health providers engaged with their local veteran communities to provide or connect veterans and their families to resources that may be available through any source, including state, federal, or private resources.
(d) The department shall provide for the annual education of its employees on the warning signs of suicide and the resources available to assist in suicide prevention. This education may be accomplished through an employees self-review of suicide prevention materials and resources approved by the U. S. Department of Veterans Affairs.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 5. Aid to At-Risk Veterans › §9A-5-3. Grant-Making Authority

(a) In addition to all other funding allocated to the department, the secretary is directed to seek funds, grants, and other sources of assistance from other agencies of government, as well as the private sector to accomplish the purposes of this article.
(b) The secretary, in his or her discretion, may make grants or otherwise transfer funds held by the department from any available source to provide assistance to at-risk veterans or their families, including by providing funding to veteran service organizations, government agencies, military organizations, private entities, and mental health providers, for the purposes of this article.
(c) The department shall maintain records of any monies transferred or expended under this article and shall comply with all relevant reporting requirements.
2023 West Virginia Code › Chapter 9A. Veterans' Affairs › Article 6. West Virginia Military Hall of Fame › §9A-6-1. West Virginia Military Hall of Fame

(a)(1) The secretary shall create a West Virginia Military Hall of Fame with the mission to honor veterans of West Virginia who have distinguished themselves on the field of battle and who have also made significant contributions to the state or their communities following their military service. The honorees must:
(A) Have been honorably discharged or separated under honorable conditions from the Armed Forces of the United States and be of good moral character; and
(B) Be natural born citizens of West Virginia; or
(C) Entered into or have been discharged from the Armed Forces in West Virginia; or
(D) Have resided in West Virginia for at least 8 years.
(2) Nominations shall include a nomination form approved by the secretary, a DD214 or other supporting Department of Defense personnel records, or national or state archive records substantiating the nominees military service, and a copy of any citation received, including any supporting documentation.
(b) In order to be considered, a nominee must have been awarded any of the following during his or her time in service:
(1) Medal of Honor;
(2) Army Distinguished Service Cross;
(3) Navy Cross;
(4) Air Force Cross;
(5) Coast Guard Cross;
(6) Silver Star;
(7) Distinguished Flying Cross;
(8) Bronze Star Medal with "V" Device;
(9) Air Medal with "V" Device;
(10) Commendation Medal With "V" Device;
(11) Joint Service Achievement Medal With "V" Device; or
(12) Purple Heart.
(c) There shall be created the West Virginia Military Hall of Fame Board consisting of seven members who shall be residents of this state and who have served in and been honorably discharged or separated under honorable conditions from the Armed Forces of the United States. In addition to the seven members of the board, the secretary shall be an ex officio member and shall serve as its chair.
(d) Where feasible, members of the board shall be veterans who are active in the veteran community, with consideration given to ensure a diverse representation of service branches in board membership. Additionally, no more than four members shall be from the same congressional district.
(e) The secretary shall promulgate rules for legislative approval in accordance with 29A-3-1
et seq
. of this code to implement the purpose and mission of the Military Hall of Fame.
2023 West Virginia Code › Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority › Article 1. Public Libraries › §10-1-1. &Quotpublic Library" and &Quotgoverning Authority" Defined

The term "public library" as used in this article shall be construed to mean a library maintained wholly or in part by any governing authority from funds derived by taxation and the services of which are free to the public, except for those charges for which provision may be made elsewhere in this article. The term shall not, however, include special libraries, such as law, medical or other professional libraries, or school libraries which are maintained primarily for school purposes. The term "governing authority" shall be construed to mean county court, county board of education or the governing body of any municipality.
2023 West Virginia Code › Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority › Article 1. Public Libraries › §10-1-2. Power of Governing Authority to Establish and Maintain Libraries; Financing

A governing authority either by itself or in cooperation with one or more other such governing authorities, shall have the power to establish, equip and maintain a public library, or to take over, maintain or support any public library already established. Any library established, maintained or supported by a governing authority may be financed either (1) by the appropriation from the General Funds of the governing authority of a sum sufficient for the purpose, or (2) by the imposition of an excess levy for library purposes, in accordance with the provisions of section sixteen, article eight, chapter eleven of this code.
Such sums as are appropriated hereunder may be transferred to the public library board for deposit and disbursement as the public library board shall direct. By such transfer the governing authority designates the public library board as its disbursing agent.
2023 West Virginia Code › Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority › Article 1. Public Libraries › §10-1-3. Regional Library Defined; Apportionment of Regional Library Expenses

A regional library is a public library established and/or maintained by two or more counties, by action of their governing authorities, under the terms of a contract to which they all agree. The expenses of the regional library shall be apportioned between or among the counties concerned on such a basis as shall be agreed upon in the contract.
2023 West Virginia Code › Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority › Article 1. Public Libraries › §10-1-3a. Authority of Regional Library Board to Disburse Funds

The governing authorities which maintain a regional library may contribute the apportioned sum to the regional library board, such contributions to be deposited as the regional library board shall direct and to be disbursed by the officer designated by that board. By such contribution the governing authority designates the regional library board as its disbursing agent.
2023 West Virginia Code › Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority › Article 1. Public Libraries › §10-1-4. Contract With Existing Public Library

The governing authority may, in lieu of supporting and maintaining its own public library, enter into a contract with an existing public library and make annual payments of money to such library, whose library materials and services shall be available without charge to all persons living within the area represented by such governing authority. Any school board may contract for school library service from an existing public library which shall agree to furnish books to a school or schools under the terms of the contract.
All money paid to a library under such a contract shall be expended solely for the maintenance and support of the library.
2023 West Virginia Code › Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority › Article 1. Public Libraries › §10-1-5. Board of Library Directors -- Qualifications; Term of Office; Vacancies; Removal; No Compensation

(a) Whenever a public library is established under this article, the governing authority or authorities shall appoint a board of directors with five members chosen with reference to their fitness for such office, from:
(1) The citizens of the library's service area, as determined by the Library Commission; or
(2) The county in which the library is located.
(b) The board of directors for a regional library shall consist of not less than five nor more than ten members, with a minimum of one member from each county in the region. The total number of directors and the apportionment of directors by county shall be determined by joint action of the governing authorities concerned.
(c) The term of office for a director is five years from July 1, following the appointment. Directors may serve until their successors are appointed and qualified.
(d) For a new board of directors under this article, the initial appointment of the directors shall be staggered. Thereafter all appointments shall be for terms of five years.
(e) Vacancies in the board shall be immediately reported by the board to the governing authority and filled by appointment. Vacancies for an unexpired term shall be immediately reported by the board to the governing authority and filled by appointment for the remainder of the term only.
(f) A director may be removed for just cause in the manner provided by the bylaws of the library board.
(g) No compensation shall be paid to any director.
2023 West Virginia Code › Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority › Article 1. Public Libraries › §10-1-6. Board of Library Directors -- Powers and Duties

The board of directors of each public library established or maintained under this article shall: (a) Immediately after appointment, meet and organize by electing one member as president and one as secretary, and such other officers as may be necessary. All officers shall hold office for one year and shall be eligible for reelection. (b) Adopt such bylaws, rules and regulations as are necessary for its own guidance and for the administration, supervision and protection of the library and all property belonging thereto as may not be inconsistent with the provisions of this article. (c) Supervise the expenditure of all money credited to the library fund. All money appropriated or collected for public library purposes shall be deposited in the treasury of the governing authority to the credit of the library fund, to be paid out on the certified requisition of the library board, in the manner provided by law for the disbursement of other funds of such governing authority, or shall be deposited as the library's board of directors shall direct and be disbursed by the officer designated by that board, such officer before entering upon his duties to give bond payable to and in an amount fixed by the board of directors of the library, conditioned for the faithful discharge of his official fiscal duties. The cost of such bond shall be paid from the library fund. The books, records and accounts of the library board shall be subject to audit and examination by the office of the State Tax Commissioner of West Virginia. (d) Lease or purchase and occupy suitable quarters, or erect upon ground secured through gift or purchase, an appropriate building for the use of such library; and have supervision, care, and custody of the grounds, rooms or buildings constructed, leased, or set apart for library purposes. (e) Employ a head librarian, and upon his recommendation employ such other assistants as may be necessary for the efficient operation of the library.
2023 West Virginia Code › Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority › Article 1. Public Libraries › §10-1-7. Free Use of Libraries

Each library established or maintained by any governing authority shall be free for the use of all persons living within the area represented by such governing authority, except for those charges for which provision may be made elsewhere in this article. The use of the library is subject to reasonable rules and regulations adopted by the library board. The board may extend the privilege and use of the library to nonresidents upon such terms and conditions as it may prescribe.
The board may exclude from the use of the library under its charge any person who wilfully and persistently violates any rule or regulation prescribed for the use of the library or its facilities.
2023 West Virginia Code › Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority › Article 1. Public Libraries › §10-1-8. Annual Report

The board of directors shall make an annual report for the fiscal year ending June thirtieth to the governing authority or authorities appointing it, stating the conditions of the library property, the various sums of money received from the library fund, and all other sources, and how such money was expended, the number of books and periodicals on hand, the number added and withdrawn during the year, the number of books lent, the number of registered users of such library, with such other statistics, information and suggestions as may be deemed of general interest. A copy of this report shall be sent to the West Virginia Library Commission.
2023 West Virginia Code › Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority › Article 1. Public Libraries › §10-1-9. Library Board to Be a Corporation; Vesting of Title to Bequests or Donations

The board of directors of each public library shall be a corporation; and as such it may contract and be contracted with, sue and be sued, plead and be impleaded, and shall have and use a common seal.
The title to all bequests or donations of cash or other personal property or real estate for the benefit of such library shall be vested in the board of directors to be held in trust and controlled by such board according to the terms and for the purposes set forth in the deed, gift, devise or bequest: Provided, however, That the person making the bequest or donation of cash or other personal property or real estate for the benefit of such library shall have the right and privilege to vest the title thereto in a trustee, or trustees, of his own selection, and to provide for the selection of successor trustees, and to designate the manner in which said fund or property shall be invested and used.
2023 West Virginia Code › Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority › Article 1. Public Libraries › §10-1-9a. Fees, Service and Rental Charges; Fines; Sale of Surplus or Obsolete Materials or Equipment; Deposit and Disbursement of Receipts

The board of directors of a library established or maintained under this article may fix, establish, and collect such reasonable fees, service and rental charges as may be appropriate; may assess fines, penalties, damages, or replacement costs for the loss of, injury to, or failure to return any library property or material; and may sell surplus, duplicated, obsolete, or other unwanted materials or equipment belonging to the library. All moneys received from these or other sources in the course of the administration and operation of the library shall be deposited in the library fund and shall be disbursed by the board of directors in the manner prescribed elsewhere in this article.
2023 West Virginia Code › Chapter 10. Public Libraries; Public Recreation; Athletic Establishments; Monuments and Memorials; Roster of Servicemen; Educational Broadcasting Authority › Article 1. Public Libraries › §10-1-11. Willful Retention of Library Property

Any person who willfully retains a book, newspaper, plate, picture, photograph, engraving, painting, drawing, map, magazine, document, letter, public record, microfilm, sound recording, audio visual materials in any format, magnetic or other tapes, artifacts or other documentary (written or printed) materials, or all materials of any kind whatsoever belonging to any public library for thirty days after the mailing date of a written notice demanding the return of said material and giving notice of said violation, forwarded to that person's last known address, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $200: Provided, That a date or dates designating a grace period for the return of library materials to public libraries shall be established, said dates to be established by the state Library Commission pursuant to rules and regulations promulgated thereto.
A conviction or payment of any fine shall not be construed to constitute payment for library material, nor shall a person convicted under this section be thereby relieved of any obligation to return to the library such material. Further, a conviction or payment of any fine shall not be construed as a waiver of any nominal daily fine which may be imposed by library rules, regulations or policies.
The parent or guardian of a minor who willfully commits any act prohibited by this section shall be liable for all damages so caused by the minor up to the amount of $2,500, after the parent or guardian is served with proper written notice as aforementioned.